§57b–3 Rulemaking Process

Summary

The Commission must write and share short studies about the effects of rules when it plans to make or change them. A "rule" here means most rules the Commission creates, but not interpretive rules, internal management or personnel rules, general policy statements, or rules about how the Commission is organized or runs its business. A rule change is only treated as a full rule if the Commission finds it will have a big effect—such as $100,000,000 or more on the national economy each year, large cost or price changes in key industries or regions or for big government buyers, or otherwise a significant impact on regulated people or consumers. "Rulemaking" means the process of making or changing a rule. Before publishing a proposed rule, the Commission must issue a preliminary analysis that says why the rule is needed, what it aims to do, possible reasonable alternatives, and a first look at benefits, harms, and how well each option would work. When a final rule is issued, the Commission must publish a final analysis with the need and goals, alternatives considered, a full look at benefits and harms, reasons for choosing the final option, and a summary of important public comments and the Commission’s responses. The agency can group related rules, tell the public how to get the analyses (and charge copying fees in some cases), delay the analysis for emergency rules if it explains why, and must publish a public agenda twice a year listing rules planned for the next 12 months. The agenda must show descriptions, legal bases, expected dates, and a contact person. The Commission must explain if it issues a rule that was not on the agenda. Courts generally cannot review the content of the analyses, except they may set aside a rule if no analysis was done at all.