Rulemaking (Current Projects)


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The Conference is studying procedures and best practices for managing ex parte contacts in the informal rulemaking process.  The study will first examine the propriety of ex parte communications during various stages of the rulemaking process and clarify the agencies’ legal obligations to preserve public participation rights and facilitate judicial review.  Second,  it will identify the...

Background Information: One of the Conference’s most important prior achievements was its role in encouraging federal agencies to make use of alternative dispute resolution (“ADR”). The Conference played a key role in the enactment of the Administrative Dispute Resolution Act and the Negotiated Rulemaking Act.* The Conference also issued publications and conducted seminars and...


The Conference is studying the use of petitions for rulemaking, their potential to improve responsiveness to citizen concerns, and best practices for facilitating submission and guiding agency responses.


Periodic review of existing federal regulations is essential to a well-functioning regulatory system.  Such reviews, among other things, are an essential tool for ensuring that existing regulations meet regulatory objectives without imposing undue burdens, that they have not been rendered obsolete by changing technology or market conditions, and that they do not require modification to address...