Administrative Rulemaking

Notice of proposed rule making published in the Federal Register (5 U.S.C. § 553(b))

must include:

reference to the legal authority under which the rule is proposed (5 U.S.C. § 553(b)(2))

terms or substance of the proposed rule OR a description of the
subjects and issues involved (5 U.S.C. § 553(b)(3))

time, place, and nature of public rule making proceedings (5 U.S.C. § 553(b)(1))

Public Comment (5 U.S.C. § 553(c))

give interested persons an
opportunity to participate in the rule making through submission of:

After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose.

views

arguments

written data

with or without the opportunity for oral presentations

Publication

required publication or service of a substantive rule shall be made not less than
30 days before its effective date (5 U.S.C. § 553(d))

except:

interpretative rules and statements of policy (5 U.S.C. § 553(d)(2))

as otherwise provided by the agency for good cause found and published with
the rule (5 U.S.C. § 553(d)(3))

rule which grants or recognizes an exemption or relieves a
restriction(5 U.S.C. § 553(d)(1))

Each agency shall give an interested person the right to petition for the issuance,
amendment, or repeal of a rule (5 U.S.C. § 553(e))

Does not apply to:

a military or foreign affairs function of the United States

a matter relating to agency management or personnel or to public property,
loans, grants, benefits, or contracts

When rules arerequired by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. (5 U.S.C. § 553(c))

5 U.S.C. § 556

5 U.S.C. § 557

employees presiding
at hearings may

There shall preside at the taking of evidence

one or more members of the body which comprises the agency

one or more administrative law judges appointed under section 3105

the agency

administer oaths and affirmations

issue subpoenas authorized by law

rule on offers of proof and receive relevant evidence

take depositions or have depositions taken when the ends of justice would be
served

regulate the course of the hearing

hold conferences for the settlement or simplification of the issues by consent
of the parties or by the use of alternative means of dispute resolution

inform the parties as to the availability of one or more alternative means of
dispute resolution, and encourage use of such methods

dispose of procedural requests or similar matters

make or recommend decisions in accordance with section 557

take other action authorized by agency rule consistent with this subchapter

require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy

When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule

On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule

Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the consideration of the employees participating in the decisions

exceptions to the decisions or recommended decisions of subordinate
employees or to tentative agency decisions

supporting reasons for the exceptions or proposed findings or conclusions

proposed findings and conclusions