Informal rulemaking is the most common process through which administrative agencies make rules. It is also referred to as notice-and-comment rulemaking. The Administrative Procedure Act (APA), specifically § 553, outlines the procedural requirements for informal rulemaking, which apply whenever formal rulemaking is not required.
Procedural Requirements for Informal Rulemaking:
When an administrative agency seeks to make a rule through informal rulemaking, § 553(b) requires that the agency publish a general notice of the proposed rulemaking. § 553(c) requires that agency to give interested persons the opportunity to submit written comments and that the agency consider such comments. Individuals can submit comments on proposed rules electronically at Regulations.gov. The agency must give individuals a period of at least 30 days to comment on the proposed rule. Before publishing the final rule, the agency must issue a “concise general statement of their basis and purpose.” Lastly, § 553(d) provides that the final rules are published in the Federal Register.
[Last updated in November of 2021 by the Wex Definitions Team]