The Role of Public Comment in the Administrative Agency Process: A Case Study of the Rulemaking Processes of One South Dakota Agency

Sustainable Development Law Journal, Vol. 14, p. 148, 2011

9 Pages Posted: 8 Mar 2012

See all articles by Candice Spurlin

Candice Spurlin

University of South Dakota Law School

Patrick M. Garry

University of South Dakota - School of Law

Jami Bishop

affiliation not provided to SSRN

Logan Hollers

affiliation not provided to SSRN

Joseph Boyle

affiliation not provided to SSRN

Date Written: June 1, 2011

Abstract

Public participation is often encouraged and specifically provided for in the rule making processes of administrative agencies. It is argued and generally accepted that public feedback and participation informs agency rule making. A value of public participation in agency rule making is that it can monitor agency workings and act as a watchdog on administrative agencies. Over the years, a complex set of rules have evolved regarding agency procedures. These rules and procedures most frequently revolve around the rule making process and around facilitating public participation in that process. Agency rules are often challenged on procedural grounds, and specifically on procedures relating to allowing, receiving, and considering public comment on proposed agency rules.

The question underlying the rules and procedural provisions for public participation is whether the public really wants to participate in the rule making process. This study attempts to examine how much, and to what degree, the public wishes to get involved in this process; it also attempts to discern whether the general public is getting involved in the agency process, or whether specific interest groups constitute the only commenting public. And finally, this study tries to examine what effect that involvement ends up having on the final rule promulgated by the agency.

Keywords: state, administrative rulemaking, public comment, agency rulemaking, agency rules, public participation, final rules, south dakota, rulemaking study, environmental rules

JEL Classification: K10, K19, K30, K39, K23, Q28

Suggested Citation

Spurlin, Candice J. and Garry, Patrick M. and Bishop, Jami and Hollers, Logan and Boyle, Joseph, The Role of Public Comment in the Administrative Agency Process: A Case Study of the Rulemaking Processes of One South Dakota Agency (June 1, 2011). Sustainable Development Law Journal, Vol. 14, p. 148, 2011, Available at SSRN: https://ssrn.com/abstract=2017708

Candice J. Spurlin (Contact Author)

University of South Dakota Law School ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

Patrick M. Garry

University of South Dakota - School of Law ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

Jami Bishop

affiliation not provided to SSRN

Logan Hollers

affiliation not provided to SSRN

Joseph Boyle

affiliation not provided to SSRN

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