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Administrative Rulemaking Procedure (in red) & Administrative…
Administrative Rulemaking Procedure (in red)
&
Administrative Formal Adjudication (in blue)
Agency Develops Draft Proposed Rule: Section 553 of the APA requires that an agency generally must first provide notice that it intends to promulgate a rule.
Agency Publishes Proposed Rule
Agency Receives Comments and makes changes to Proposed Rule
Agency Publishes Final Rule
Judicial Review
Congressional Review
Section 553(d): agency may publish the final rule in the Federal Register along with a general statement of the rule's basis and purpose.
Section 533(B)(b): If the rule is imporacticable, unnecessary, or contrary to the public interest, and agency may forgo these procedures
Section 553(c): typically an agency will provide at least 30 days for any "interested persons" to make a public comment.
The notice must provide the time, place, and nature of the rule making proceedings,
a reference to the legal authority under which the rule is proposed,
and either the terms or subject of the proposed rule.
Process to Formulate Order: look for Constitution for the due process requirement
Formal Adjudication: required only if other statute provides for a hearing on the record
Agency Gives Notice: APA Section 554
Relevant Administrative Law Judge presides at the hearing: Section 554(d)
Potential appeal to Agency: Section 557(b)
Section 556(b) gives the authority to take evidence either to the agency to administrative law judges. That persons makes the decision.
Potential appeal to Federal Court (Judicial Review)
Notice must include time and place, legal authority, and the matters of fact and law asserted.
Provisions for formal adjudication are APA Section 554, 556, and 557
Generally, if the agency action has particular rather than general applicability than it is an adjudication not rule making.