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Value of Negotiated Rulemaking (Reg-Neg)

Does negotiated rulemaking result in better regulations and is it perceived as more valid by the interested parties? Why is it a better process than regulations generated through traditional notices and comment rulemaking?

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Hi,

Good questions! Let's take a closer look. I also attached two informative resources for consideration and to expand on the information in this response.

RESPONSE:

1. Does negotiated rule making result in better regulations and is it perceived as more valid by the interested parties?

The negotiated rulemaking process is based on the principle that agencies can create better regulations by developing new rules jointly with the people affected by the contemplated rule. Negotiated rule making is a consensus-based decision making process. The parties involved in the negotiation process agree in advance that they seek an agreement that all the members of the negotiating committee can live with. The members of committee are representatives from stakeholder groups who have an invested interest in better regulations for a specific problem. These stakeholders would sit on a negotiated rule making committee. Therefore, it is often perceived as more valid by the interested parties due to involvement of representatives from stakeholder groups and because of the nature of consensus decision-making. That is, the committee continues the process of negotiating until an agreement is reached and therefore the agreed upon regulation is perceived and often does result in the better regulation(s). This is one reason why it is perceived as a better process than regulations generated through traditional notices and comment rule making (http://www.cbuilding.org/publication/case/cape-hatteras-national-seashore-negotiated-rulemaking-assessment).

Said another way, negotiated rule making is a process by which representatives of an agency and of the interests affected by a subject of rule making seek ...

Solution Summary

This solution explores the value of negotiated rulemaking and if it results in better regulations and/or perceived as more valid by the interested parties. It then explains why it is considered a better process than regulations generated through traditional notices and comment rulemaking. Supplemented with two articles on negotiated rulemaking.

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