Informal rulemaking

Definition

Informal rulemaking is a process by which administrative agencies create regulations without engaging in formal hearings or extensive procedures, primarily guided by the Administrative Procedure Act. This method allows agencies to issue rules more quickly and flexibly, while still providing opportunities for public participation and comment.

5 Must Know Facts For Your Next Test

1. Informal rulemaking is often faster than formal rulemaking, allowing agencies to respond quickly to changes in policy or circumstances.
2. The process typically begins with an agency publishing a notice of proposed rulemaking in the Federal Register, outlining the intended rule and seeking public input.
3. After reviewing comments received during the notice-and-comment period, agencies can revise the proposed rule before issuing a final version.
4. Informal rulemaking does not require a formal evidentiary hearing, which is a key difference from formal rulemaking processes.
5. Agencies are required to provide a concise statement of the basis and purpose for their final rules, explaining how they addressed public comments.

Review Questions

• What are the advantages of informal rulemaking compared to formal rulemaking, particularly in terms of efficiency?
  • Informal rulemaking offers several advantages over formal rulemaking, especially regarding efficiency. It allows agencies to issue regulations more quickly due to its less stringent procedural requirements. Agencies do not need to conduct formal hearings or maintain an extensive record, which speeds up the entire process. Additionally, informal rulemaking encourages public participation through notice-and-comment periods while still enabling agencies to adapt swiftly to changing conditions or emerging needs.
• Discuss how the notice-and-comment process functions within informal rulemaking and its significance in regulatory development.
  • The notice-and-comment process is a critical component of informal rulemaking. It begins when an agency publishes a proposed rule in the Federal Register, inviting the public to submit comments on the proposed regulation. This process ensures transparency and public involvement, as it allows stakeholders to express their views, concerns, or support regarding the rule. The agency then reviews these comments and may make adjustments to the proposed rule based on feedback received, ultimately leading to a more informed and balanced final regulation.
• Evaluate the implications of informal rulemaking on agency accountability and transparency in the regulatory process.
  • Informal rulemaking has significant implications for agency accountability and transparency. While it streamlines the regulatory process, allowing for quicker responses to pressing issues, it also raises concerns about thoroughness and stakeholder engagement. The reliance on notice-and-comment can enhance transparency by ensuring public input is considered; however, if not properly managed, it may lead to insufficient scrutiny of regulations. A balance must be struck between efficiency and accountability, as agencies must remain responsive to public concerns while also fulfilling their regulatory responsibilities effectively.

Related terms

Notice-and-Comment Rulemaking: A process within informal rulemaking where agencies publish proposed rules and allow the public to submit comments before finalizing the regulation.

Formal Rulemaking: A more structured process that requires agencies to hold formal hearings and provide a record of proceedings before issuing regulations.

Administrative Procedure Act (APA):

A federal statute that governs the way administrative agencies propose and establish regulations, including both informal and formal rulemaking processes.