Technocracy,democracy, and public policy: An evaluation of public participation in retrospective regulatory review

Retrospective review of existing regulations is an increasingly common aspect of the regulatory policy cycle. As with prospective regulatory policymaking, public participation is a central feature of many retrospective review initiatives. Despite its theoretical and practical significance, participation in retrospective review has received little scholarly attention. This paper presents the first systematic assessment of participation in United States retrospective regulatory review. Utilizing content analysis of an original dataset of government documents and public input produced pursuant to Executive Orders 13563, 13579, and 13610, the paper analyzes participatory institutional design, the level and composition of participants, and participation processes. The results suggest that retrospective review participation processes largely reflected the modes of stakeholder outreach and engagement employed in prospective regulatory policymaking, but resulted in comparatively low levels of participation. Consistent with the purposes enumerated in the executive orders, participation processes facilitated information exchange and were relatively representative of and responsive to stakeholders.