Talk:public comment
Latest comment: 12 years ago by -sche in topic RFV
RFV[edit]
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Looks like sum of parts to me. Needs formatting if OK. SemperBlotto 08:36, 16 February 2011 (UTC)
- There might be something to this, but I don't think I can find cites for the definitions given. I have added three cites to the entry but they don't really fit any of the definitions. Current sense 4 seems to be SoP, included in "literal" sense 1. I don't think that "public comment" is used to mean a type of "opportunity" (sense 2) or a type of "written document" (sense 3). "Public comment" is either countable or uncountable. It is (a) comment that may be made to and received by an official body about a matter of public concern, such as a law, regulation, or action, actual or proposed. It seems to have a special legal status in forming a permissible basis for an official decision, at least fictively. DCDuring TALK 04:29, 17 February 2011 (UTC)
- The legal definition is a part of notice and comment rulemaking. In the U.S., there are numerous Federal Register provisions governing various agencies that require the agencies to have a period for public comment on any proposed rules. Consider:
- Before conducting a licensing hearing, the Board must hold at least one public input hearing at which witnesses may testify and the opportunity for public comment is afforded. Id § 1205(b).
- Keystone Redevelopment Partners, LLC v. Decker, 2011 U.S. App. LEXIS 398 (3d Cir. Pa. Jan. 7, 2011)
- Before conducting a licensing hearing, the Board must hold at least one public input hearing at which witnesses may testify and the opportunity for public comment is afforded. Id § 1205(b).
- Note that this relates to a Pennsylvania state law requiring public comment, Pennsylvania Race Horse and Gaming Act, 4 Pa. Cons. Stat. § 1205(b)(4), which states that "the board shall establish a public comment period during which time members of the public may address the board regarding the application, license or proposed structural redesign". Compare this to the following from a case absolving a judge from misconduct charges stemming from a joke the judge made during a speech:
- So far as can be discerned from the complaint, the joke was not racist, sexist or otherwise invidious; it was not reported in the press or the subject of any significant public comment.
- In re Judicial Misconduct, 2011 U.S. App. LEXIS 2108 (9th Cir. Feb. 2, 2011)
- So far as can be discerned from the complaint, the joke was not racist, sexist or otherwise invidious; it was not reported in the press or the subject of any significant public comment.
- The kind of "public comment" referred to in the first case, conforming to a statutorily mandated opportunity for members of the public to comment in a prescribed time, place, and manner on pending agency rules, is very different from the kind referred to in the second case, which merely reflects that "the public" has chosen to discuss an issue. bd2412 T 15:15, 17 February 2011 (UTC)
- One cannot substitute a phrase headed by "opportunity" or "period" or "document" into the citations you have provided. It is this question of wording that has led to my objections to the definitions given. There is something idiomatic here, but our definitions don't meet the substitutability desideratum for definitions. Are we forced to resort to
{{non-gloss definition}}? DCDuring TALK 16:15, 17 February 2011 (UTC)- By my reading, there are two idiomatic senses of "public comment", one being a prescribed period and means by which members of the public can submit their opinions about a proposed piece of legislation; and the other being a general expression of public sentiment about something. bd2412 T 19:25, 23 February 2011 (UTC)
- One cannot substitute a phrase headed by "opportunity" or "period" or "document" into the citations you have provided. It is this question of wording that has led to my objections to the definitions given. There is something idiomatic here, but our definitions don't meet the substitutability desideratum for definitions. Are we forced to resort to
- The legal definition is a part of notice and comment rulemaking. In the U.S., there are numerous Federal Register provisions governing various agencies that require the agencies to have a period for public comment on any proposed rules. Consider:
- I have added quotations, removed some rfv-failed senses, and changed the definitions of the remaining senses so that they match the quotations. - -sche (discuss) 00:38, 30 January 2012 (UTC)