What Does a Rulemaking Agency Do with Public Comments?

As part of the formal regular rulemaking process, the rulemaking agency will receive written and oral comments. What must the rulemaking agency do with those comments?

Fundamentally, a rulemaking agency is required to summarize and respond to timely received comments that are directed at the regulatory proposal or at the procedures followed by the adopting agency during its rulemaking action.

For each comment received (whether orally or in writing), the adopting agency is required to include either an explanation of how the proposed action has been changed to accommodate the comment received or the adopting agency must state the reason(s) for rejecting the comment.

In addition, in summarizing and responding to public comments received, the rulemaking agency must demonstrate that it understood and considered the comment. These responses are reviewed by the Office of Administrative Law when it conducts its 30-day review of the rulemaking file.

Finally, the summary and responses to comments is thereafter included as part of the rulemaking file in a document called the Final Statement of Reasons.