Participation in the U.S. administrative process (original) (raw)

Comparative Law and Regulation

The participatory process that lies at the heart of U.S. administrative law is hailed by some to be among the most comprehensive in the world. Agencies promulgate rules under elaborate procedures designed to place public participants as important collaborators and watchdogs at virtually every step in the agency's decision. Indeed, in this process, citizens are guaranteedby legislationimportant rights of participation, which include commenting, accessing information, and ultimately challenging agency rules in court. 1 In practice, however, the work of the U.S. agencies has become increasingly inaccessible to many of the individuals and groups that their rules affect. 2 Rulemaking records are often very large and can run into the hundreds of pages. 3 Comments submitted on agency proposals, standing alone, can include thousands of submissions, many of which are dozens of pages each. 4 The agency's own explanations, proposals, and rule text can be opaque and gratuitously complicated in ways that even experts cannot follow. 5 As Professors Farina, Newhart, and Blake observe, from the perspective of affected citizens, the agency's rule and accompanying analysis "is about as accessible as if the documents were written hieroglyphics." 6 The net result is an administrative 1

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