informal rulemaking
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 reviewed in November of 2021 by the Wex Definitions Team ]
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