®: CRE Regulatory Action of the WeekAnnouncing the 24/7 Regulatory Process
After the close of the public comment period and through implementation of a final rule, stakeholders, including the regulated community, have traditionally been shut out from making further contributions to the regulatory process.
In our wired society, the generation of relevant information on regulatory issues does not cease at the end of a comment period. In short, the fixed notice-and-comment period in the Administrative Procedure Act is obsolete; public participation is now a 24/7 endeavor.
Whether through the blogosphere, private contacts or other means, stakeholders will participate in the regulatory development and implementation process on an ongoing basis; the only question is whether such participation is fully transparent and accessible by all members of the public.
To enable open public and governmental access to all relevant information in a rulemaking, CRE has developed an Interactive Public Docket (IPD). An IPD for a key Medicare reform rulemaking is available at http://www.thecre.com/blog. The IPD has several components:
1. Commenting on Comments Made During the NPRM
The IPD is so designed that a person can read and comment on any of the major submissions made to an agency simply by clicking on the "comment" link. The IPD also permits readers to attach supporting studies to their discussion.
2. Discussion Forum
The IPD is equipped with a Discussion Forum, accessible through the Important Links section in the upper right hand column of the IPD, which allows any member of the public to post statements and augment them by attaching relevant materials.
The Important Links section of the IPD contains an option allowing persons to post information concerning new developments on the IPD's regulatory topic.
4. General email
In the upper right hand corner of the IPD is a link which allows a member of the public to send comments and attachments to CRE without posting it on the IPD.
The IPD's goal is to provide all stakeholders with a transparent mechanism for providing federal officials with new information and analyses throughout the regulatory process.