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Negotiated Rulemaking

What is Negotiated Rulemaking?

The Negotiated Rulemaking Act provides that an agency, when determining the need for negotiated rulemaking, should consider a number of factors including, but not limited to, whether "there are a limited number of identifiable interests that will be significantly affected by the rule." Negotiated rulemaking is therefore a process which brings together representatives of various interest groups and a federal agency to negotiate the text of a proposed rule; this group is called the negotiated rulemaking committee. The goal of a negotiated rulemaking proceeding is for the negotiated rulemaking committee to reach consensus on the text of a proposed rule.

Negotiated rulemaking committees are subject to the requirements of the Federal Advisory Committee Act (FACA), unless otherwise provided by statute.


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