Agency Rulemaking

Agency Rulemaking

The nature and scope of administrative rulemaking is a topic for ongoing debate. One of the main functions of administrative agencies is to create regulations. Over the past several decades, the volume of the Code of Federal Regulations far surpasses the laws passed by Congress. How are these agencies accountable to the American public? What are tradeoffs for relying on agency expertise instead of Congressional legislating? This series discusses how agency rulemaking works in practice: the scope of agencies' authority to write regulations, core processes of agency rulemaking (notice and comment rulemaking), the review and scrutiny that rules are subject to, and how agency rulemaking fits in with the democratic process.

  

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6 of 11: Agency Rulemaking - Formal and Informal [No. 86]

Administrative agencies pass regulations through rulemaking. Under the Administrative Procedure Act, there are two main rulemaking processes which are formal and informal. Professor Susan Dudley outlines when each of these is utilized and what steps ... Administrative agencies pass regulations through rulemaking. Under the Administrative Procedure Act, there are two main rulemaking processes which are formal and informal. Professor Susan Dudley outlines when each of these is utilized and what steps go into each type of process.

Susan Dudley is director of the George Washington University Regulatory Studies Center and distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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