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Negotiated rulemaking in practice


  • Henry H. Perritt


Until recently, parties interested in rulemaking by federal agencies were forced to voice their views primarily through adversarial procedures. An alternative, negotiated rulemaking, was proposed by the Administrative Conference of the United States (ACUS) in 1982. Since then, negotiated rulemaking has been used four times by federal agencies. The four completed negotiations show that negotiated rulemaking permits affected interests to retain greater control over the content of agency rules, while ensuring fairness and balance. It also permits agencies to obtain a more accurate perception of the costs and benefits of policy alternatives than can be obtained from digesting voluminous records of testimonial and documentary evidence presented in adversarial hearings. This article summarizes the results of a recently completed report prepared by the author for the Administrative Conference. It reviews the genesis of negotiated rulemaking, presents a framework within which to understand dynamics of the negotiation process and related administrative law issues, and presents recommendations for future agency use of negotiated rulemaking recently adopted in substance by the Administrative Conference.

Suggested Citation

  • Henry H. Perritt, 1986. "Negotiated rulemaking in practice," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 5(3), pages 482-495.
  • Handle: RePEc:wly:jpamgt:v:5:y:1986:i:3:p:482-495
    DOI: 10.1002/pam.4050050305

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    Cited by:

    1. Skurray, James H., 2015. "The scope for collective action in a large groundwater basin: An institutional analysis of aquifer governance in Western Australia," Ecological Economics, Elsevier, vol. 114(C), pages 128-140.
    2. Skurray, James H., 2013. "The scope for collective action in a large groundwater basin: an institutional analysis of aquifer governance in Western Australia," Working Papers 161075, University of Western Australia, School of Agricultural and Resource Economics.

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