Notice and Comment Rulemaking

What is Notice and Comment Rulemaking?

Notice and comment rulemaking is the formal process that government agencies use to create, amend, or repeal regulations. It’s one of the most important tools in the policymaking toolkit—and a critical part of transparent, democratic governance.

At its core, this process ensures that the public has a voice before new rules go into effect.

How it works

The process starts with “notice”—the agency publishes a proposed rule in a public forum (like a state register or federal register), sharing the full text along with a summary, context, and rationale. This is essentially the government saying: “Here’s what we’re thinking—what do you think?”

Next comes the “comment” phase. During this time, stakeholders—including citizens, businesses, advocacy groups, and other government entities—can submit feedback. Comments might support the rule, suggest improvements, or raise concerns about costs, clarity, or unintended consequences.

After the comment period ends, the agency must review and consider the input received. Sometimes this results in changes to the final rule. In other cases, the agency may explain why it’s proceeding as proposed despite the feedback.

Finally, the agency issues the final rule, complete with an explanation of how comments were addressed.

Why it matters

Notice and comment rulemaking exists to keep the policymaking process fair and open. It prevents decisions from happening behind closed doors and gives people a chance to speak up—especially when the rule might impact their rights, responsibilities, or resources.

For agencies, this process also builds credibility and legal defensibility. Rules that go through a formal public comment process are more likely to stand up to scrutiny if they’re challenged in court. It’s not just best practice—it’s often required by law (like under the Administrative Procedures Act at the federal level, or similar laws at the state level).

Where it gets complicated

The process sounds straightforward, but in practice, it’s complex. Managing deadlines, comment summaries, internal approvals, and documentation requires a coordinated effort—especially across large teams or multiple agencies.

Some common challenges include:

• Multiple deadlines and internal review steps
• Large volumes of public comments
• Complex back-and-forth between legal, policy, and leadership teams
• Publishing requirements across different website and formats
• Long-term documentation and record-keeping needs

This is where modern tools come in.

A smarter approach

Many government agencies are shifting to digital systems that streamline the entire rulemaking lifecycle. This ranges from drafting and internal review to public notice, comment tracking, and final publication. These tools help manage collaboration, standardize workflows, and reduce administrative risk, while keeping the public informed and engaged.

Notice and comment rulemaking is about more than procedure, it’s about making space for public voice in how laws and rules are shaped. Done right, it’s a foundation for effective, responsive government.