Ex parte communication
Definition
An ex parte communication is a conversation or message between agency staff and an outside party about a pending rule that happens off the public record, not through a filed comment or public meeting. The Administrative Procedure Act bans these in formal proceedings but generally does not ban them in ordinary rulemaking.
Why it matters
Because most federal rules go through informal notice-and-comment rather than formal proceedings, well-connected lobbyists can meet privately with agency officials to shape a rule while everyday commenters are limited to the public docket. Some agencies voluntarily log these meetings, but without a government-wide requirement, the practice creates an access gap between organizations with Washington offices and those without.
Seen in the wild
The Department of Transportation has adopted its own guidance defining and requiring documentation of ex parte communications during rulemaking, a voluntary practice that goes beyond the APA's minimum requirements and that watchdog groups point to as a model other agencies lack.1