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1. Participate in Public Comment Periods

The number one way for organizations to impact the regulatory process is to participate in public comment periods. Public comment periods are opportunities for the public to provide feedback on proposed rules and regulations created by federal regulatory agencies. During these periods, individuals and organizations can submit comments on a proposed rule. Comments can express an organization’s stance on an issue or even suggest changes or alternatives. The agency is required to consider these comments before finalizing the rule. The public comment period is typically open for 30 to 60 days and is announced in the Federal Register, this is known as the Notice of Proposed Rulemaking (NPRM). An effective comment is well-researched, provides data-backed evidence or personal experience, and shows your authority on the subject. In other words, what makes your voice worth listening to? Agencies often have to sift through dozens or even hundreds of comments. Therefore, substance is more valuable than volume. Be concise and focus on how the rule impacts you or your organization, whether that is potential cost, number of constituents impacted, or some other quantifiable metric. Another tip is to consider working with a coalition on a public comment. For example, you can activate members of an association or find partner organizations with similar missions. [post_title] => How Organizations Can Impact the Regulatory Rulemaking Process [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => impact-regulatory-process [to_ping] => [pinged] => [post_modified] => 2023-03-20 13:20:56 [post_modified_gmt] => 2023-03-20 13:20:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/resources/six-ways-stakeholders-impact-regulatory-process/ [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) [queried_object_id] => 1422 [request] => SELECT wp_posts.* FROM wp_posts WHERE 1=1 AND wp_posts.post_name = 'impact-regulatory-process' AND wp_posts.post_type = 'resources' ORDER BY wp_posts.post_date DESC [posts] => Array ( [0] => WP_Post Object ( [ID] => 1422 [post_author] => 1 [post_date] => 2023-03-17 00:00:00 [post_date_gmt] => 2023-03-17 00:00:00 [post_content] => Legislation usually steals the spotlight, but regulations often have a greater impact on organizations. Since regulations can more directly impact everyday activities, it is vital for organizations to monitor the regulatory process and engage with regulatory agencies to ensure their interests are represented. In case you need it, here’s a quick refresher on regulations vs. legislation: Regulatory agencies enforce laws created by Congress by creating rules and regulations that carry out the intent of the law. Congress often delegates the power to create these rules to specific agencies, such as the Environmental Protection Agency or the Federal Communications Commission. These agencies are then responsible for interpreting and enforcing the law within their specific area of expertise or jurisdiction. Failure to comply with these rules and regulations can result in penalties or fines imposed by the regulatory agency. While legislation can have a broad impact on society, regulations are typically more narrowly focused on specific industries or issues. Regulations can have a significant impact on organizations, as they can affect everything from hiring and human resources to product design and marketing strategies. Fortunately, the regulatory process is unique from the legislative process in that agencies are proactive in engaging the public for their views on potential rules. Here are six strategies for organizations to impact the regulatory process:

1. Participate in Public Comment Periods

The number one way for organizations to impact the regulatory process is to participate in public comment periods. Public comment periods are opportunities for the public to provide feedback on proposed rules and regulations created by federal regulatory agencies. During these periods, individuals and organizations can submit comments on a proposed rule. Comments can express an organization’s stance on an issue or even suggest changes or alternatives. The agency is required to consider these comments before finalizing the rule. The public comment period is typically open for 30 to 60 days and is announced in the Federal Register, this is known as the Notice of Proposed Rulemaking (NPRM). An effective comment is well-researched, provides data-backed evidence or personal experience, and shows your authority on the subject. In other words, what makes your voice worth listening to? Agencies often have to sift through dozens or even hundreds of comments. Therefore, substance is more valuable than volume. Be concise and focus on how the rule impacts you or your organization, whether that is potential cost, number of constituents impacted, or some other quantifiable metric. Another tip is to consider working with a coalition on a public comment. For example, you can activate members of an association or find partner organizations with similar missions. [post_title] => How Organizations Can Impact the Regulatory Rulemaking Process [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => impact-regulatory-process [to_ping] => [pinged] => [post_modified] => 2023-03-20 13:20:56 [post_modified_gmt] => 2023-03-20 13:20:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/resources/six-ways-stakeholders-impact-regulatory-process/ [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post_count] => 1 [current_post] => -1 [before_loop] => 1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 1422 [post_author] => 1 [post_date] => 2023-03-17 00:00:00 [post_date_gmt] => 2023-03-17 00:00:00 [post_content] => Legislation usually steals the spotlight, but regulations often have a greater impact on organizations. Since regulations can more directly impact everyday activities, it is vital for organizations to monitor the regulatory process and engage with regulatory agencies to ensure their interests are represented. In case you need it, here’s a quick refresher on regulations vs. legislation: Regulatory agencies enforce laws created by Congress by creating rules and regulations that carry out the intent of the law. Congress often delegates the power to create these rules to specific agencies, such as the Environmental Protection Agency or the Federal Communications Commission. These agencies are then responsible for interpreting and enforcing the law within their specific area of expertise or jurisdiction. Failure to comply with these rules and regulations can result in penalties or fines imposed by the regulatory agency. While legislation can have a broad impact on society, regulations are typically more narrowly focused on specific industries or issues. Regulations can have a significant impact on organizations, as they can affect everything from hiring and human resources to product design and marketing strategies. Fortunately, the regulatory process is unique from the legislative process in that agencies are proactive in engaging the public for their views on potential rules. Here are six strategies for organizations to impact the regulatory process:

1. Participate in Public Comment Periods

The number one way for organizations to impact the regulatory process is to participate in public comment periods. Public comment periods are opportunities for the public to provide feedback on proposed rules and regulations created by federal regulatory agencies. During these periods, individuals and organizations can submit comments on a proposed rule. Comments can express an organization’s stance on an issue or even suggest changes or alternatives. The agency is required to consider these comments before finalizing the rule. The public comment period is typically open for 30 to 60 days and is announced in the Federal Register, this is known as the Notice of Proposed Rulemaking (NPRM). An effective comment is well-researched, provides data-backed evidence or personal experience, and shows your authority on the subject. In other words, what makes your voice worth listening to? Agencies often have to sift through dozens or even hundreds of comments. Therefore, substance is more valuable than volume. Be concise and focus on how the rule impacts you or your organization, whether that is potential cost, number of constituents impacted, or some other quantifiable metric. Another tip is to consider working with a coalition on a public comment. For example, you can activate members of an association or find partner organizations with similar missions. [post_title] => How Organizations Can Impact the Regulatory Rulemaking Process [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => impact-regulatory-process [to_ping] => [pinged] => [post_modified] => 2023-03-20 13:20:56 [post_modified_gmt] => 2023-03-20 13:20:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/resources/six-ways-stakeholders-impact-regulatory-process/ [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 1 [max_num_pages] => 0 [max_num_comment_pages] => 0 [is_single] => 1 [is_preview] => [is_page] => [is_archive] => [is_date] => [is_year] => [is_month] => [is_day] => [is_time] => [is_author] => [is_category] => [is_tag] => [is_tax] => [is_search] => [is_feed] => [is_comment_feed] => [is_trackback] => [is_home] => [is_privacy_policy] => [is_404] => [is_embed] => [is_paged] => [is_admin] => [is_attachment] => [is_singular] => 1 [is_robots] => [is_favicon] => [is_posts_page] => [is_post_type_archive] => [query_vars_hash:WP_Query:private] => 8d767b9abbc2253638857358891d810e [query_vars_changed:WP_Query:private] => [thumbnails_cached] => [allow_query_attachment_by_filename:protected] => [stopwords:WP_Query:private] => [compat_fields:WP_Query:private] => Array ( [0] => query_vars_hash [1] => query_vars_changed ) [compat_methods:WP_Query:private] => Array ( [0] => init_query_flags [1] => parse_tax_query ) )
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Blog

How Organizations Can Impact the Regulatory Rulemaking Process

How Organizations Can Impact the Regulatory Rulemaking Process

Legislation usually steals the spotlight, but regulations often have a greater impact on organizations. Since regulations can more directly impact everyday activities, it is vital for organizations to monitor the regulatory process and engage with regulatory agencies to ensure their interests are represented.

In case you need it, here’s a quick refresher on regulations vs. legislation:

Regulatory agencies enforce laws created by Congress by creating rules and regulations that carry out the intent of the law. Congress often delegates the power to create these rules to specific agencies, such as the Environmental Protection Agency or the Federal Communications Commission. These agencies are then responsible for interpreting and enforcing the law within their specific area of expertise or jurisdiction. Failure to comply with these rules and regulations can result in penalties or fines imposed by the regulatory agency.

While legislation can have a broad impact on society, regulations are typically more narrowly focused on specific industries or issues. Regulations can have a significant impact on organizations, as they can affect everything from hiring and human resources to product design and marketing strategies.

Fortunately, the regulatory process is unique from the legislative process in that agencies are proactive in engaging the public for their views on potential rules.

Here are six strategies for organizations to impact the regulatory process:

1. Participate in Public Comment Periods

The number one way for organizations to impact the regulatory process is to participate in public comment periods.

Public comment periods are opportunities for the public to provide feedback on proposed rules and regulations created by federal regulatory agencies. During these periods, individuals and organizations can submit comments on a proposed rule. Comments can express an organization’s stance on an issue or even suggest changes or alternatives. The agency is required to consider these comments before finalizing the rule. The public comment period is typically open for 30 to 60 days and is announced in the Federal Register, this is known as the Notice of Proposed Rulemaking (NPRM).

An effective comment is well-researched, provides data-backed evidence or personal experience, and shows your authority on the subject. In other words, what makes your voice worth listening to?

Agencies often have to sift through dozens or even hundreds of comments. Therefore, substance is more valuable than volume. Be concise and focus on how the rule impacts you or your organization, whether that is potential cost, number of constituents impacted, or some other quantifiable metric.

Another tip is to consider working with a coalition on a public comment. For example, you can activate members of an association or find partner organizations with similar missions.

Case Study

How EROC’s Grassroots Activation Drove Over 6,000 Public Comments

2. Pay Attention to the Unified Agenda

Preparation is crucial. Don’t be left scrambling to put together a public comment at the last minute. Instead, keep your ear to the ground so you know what is coming.

One way to stay informed is to read the Unified Agenda to learn about the issue areas federal agencies intend to focus on in a given year. This will help set expectations for your organization on the type and volume of engagement necessary in that year.

3. Petition for Rulemaking

If your organization wants a regulatory agency to create a new rule, but it hasn’t been proposed by said agency, you can petition for rulemaking. This is the process of submitting a petition for a new rule to an agency who then decides if they should progress and open up the proposal to public comments. These petitions are often referred to as 553(e) petitions or citizens petitions.

For a more detailed explanation of the petitioning process, we recommend reading Petitions for Rulemaking: An Overview by the Congressional Research Service.

While this is a more complex and lengthy process than commenting to support or alter proposed regulations, it is an avenue of engagement to remain aware of.

4. Participate in Public Hearings

Different agencies hold public hearings to differing extents, so pay attention to opportunities to speak publicly in favor or opposition to a rule at a hearing.

Similar to public comments, speaking at a public hearing is best utilized when you can offer expertise on why a rule should or should not continue as-is. Public hearings are more common at the state level, and with sometimes minimal participation, they can be a good way to make your voice heard if you take the time to participate.

Organizations can use Quorum to set up alerts when new hearings on scheduled.

5. Engage the Legislative Branch

In some cases where a regulation has an especially significant impact on your work, you may be able to have an influence by engaging members of Congress. For example, you could work with the committee or subcommittee that works on the issue(s) being regulated and call on them to hold a hearing about the proposed rule.

In some cases, Congress does weigh in or review proposed rules, offering an opportunity for organizations to engage with their legislative champions. For example, Congress must review “major rules”—rules that are especially economically significant, allowing organizations to engage legislators in the review process.

6. Be Prepared for Judicial Review

If you anticipate that the regulation impacting your organization will be considered by the judiciary, it increases the importance of participating in public comment periods.

The judiciary will consider the evidence that the agency had at the time that it finalized the regulation—namely, public comments—so a well-researched comment on the positive or negative implications of the regulation can help move the courts in your direction.

Participating in judicial review is also effective if your organization opposes a regulation. Judicial review slows down the implementation of a regulation, and if the officials at the federal or state level change while the regulation is caught up in judicial review, the conversation can change around the issue and change the likelihood of a regulation continuing as-is.

Bottom Line: Show Up

The regulatory process is meant to be transparent, with formalized systems for the public to participate. However, if you’re not paying close enough attention, it can be easy to miss critical opportunities for engagement.

To avoid missed opportunities (or worse), set up an alert system to warn your organization when a regulation is introduced on your issues, when the public comment period begins and ends, and other critical movements of the regulatory process.

Quorum has a federal and state regulatory tracking tool that helps public affairs teams stay informed and move quickly when the need arises.