How Agencies Communicate

Abstract

Agencies communicate guidance in many different ways, not limited to the notice-and-comment regulations anticipated by the Administrative Procedure Act. Agencies also, for instance, offer information informally, on social media, and using pictures as well as words. What effect do different communications have in fact, and what effect do and should they have under the law?

Notice & Comment, the blog of the Yale Journal on Regulation and the American Bar Association’s Section of Administrative Law and Regulatory Practice, hosted an online symposium about this from January 29 to February 2, 2018. This symposium contains ten entries that consider how agencies communicate. Topics include:

How Agencies Communicate: Introduction and an Example

Visual Regulation -- and Deregulation

Administrative Braggadocio

Involuntary Rulemaking

Challenges Agencies Face in Communicating Guidance

Where to Find Authoritative Guidance on Regulatory Meaning

Interim-Final or Temporary Regulations: Playing Fast and Loose With the Rules (Sometimes)

How Agencies Should Communicate During Notice-and-Comment Rulemaking

Why Does Anyone Care What an Agency Says?

Keywords: Administrative Law, Administrative Guidance, Communication, Deference, Regulations, Notice-and-Comment, Rulemaking, Examples

JEL Classification: K20, K23 K30, K32, K34