The Administrative Record in Informal Rulemaking project addressed agency recordkeeping in the limited context of informal rulemaking. The recommendation was developed by the Committee on Judicial review based on an empirical study of agencies’ current practices, supported by a questionnaire and a review of existing agency guidance and policies.
Records Management (Past Projects)
This study focused on the many legal issues that arise in e-Rulemaking, including how agencies may use software to determine that submitted comments are identical or nearly identical, and whether agencies can (and should) destroy paper copies of comments scanned to electronic form. Such innovations should reduce costs and improve efficiency.
Agencies conduct most rulemaking proceedings via the process of “notice and comment.” Under this process, an agency publishes notice of a proposed rule in the Federal Register, gives the public a period of time in which to comment, and then issues a final rule after considering the comments received. See 5 U.S.C. § 553. The Recommendation addresses various legal and practical issues...