Notice-and-comment period, also known as a comment period, refers to the designated time during which a government agency presents a proposed rule and solicits public opinions before finalizing it. The agency is prohibited from implementing the rule until this period concludes.
The notice-and-comment period is a designated time frame established by administrative agencies. It involves the publication of a proposed regulation and the collection of public comments on it. The regulation cannot be enforced until this period has concluded. For instance, the Environmental Protection Agency (EPA) introduces a new regulation aimed at limiting air pollution from factories. However, before it can be implemented, the EPA must publish the proposed regulation and allow for a notice-and-comment period. During this period, the public is encouraged to submit their comments on the proposed regulation, which the EPA must take into account before finalizing it. This example demonstrates how the notice-and-comment period operates in practice. It ensures that the regulation reflects public concerns and interests, preventing it from being arbitrary or capricious.
A notice-and-comment period is a time set by a government agency during which the public can provide feedback on proposed regulations or rules before they are finalized.
The notice-and-comment period allows for transparency and public participation in the rulemaking process, ensuring that the government considers the views and concerns of those who will be affected by the regulations.
The length of a notice-and-comment period can vary, but it is usually at least 30 days. However, for complex or significant regulations, the period may be longer.
You can participate in a notice-and-comment period by submitting written comments to the agency either online, by mail, or in person at public hearings or meetings.
While the agency is not required to adopt every suggestion or comment received, it must consider and address significant comments in the final rulemaking decision.
After the notice-and-comment period ends, the agency will review the comments received and may make changes to the proposed regulations before issuing the final rule.
If you believe that the notice-and-comment period was inadequate or that the agency did not consider the comments properly, you may have grounds to challenge the final rule in court.
In general, notice-and-comment periods are open to all members of the public, including individuals, organisations, and businesses that may be affected by the proposed regulations.
Most federal regulations are subject to a notice-and-comment period, although there are exceptions for certain types of rules, such as those related to national security or emergency situations.
In some cases, it may be possible to request an extension of the notice-and-comment period if you believe that more time is needed to fully review and provide feedback on the proposed regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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