RULEMAKING

rulemaking,n. The process used by an administrative agency to formulate, amend, or repeal a

rule or regulation. — Also termed administrative rulemaking. Cf. ADMINISTRATIVE

ADJUDICATION; INFORMAL AGENCY ACTION. [Cases: Administrative Law and Procedure

381–427. C.J.S. Public Administrative Law and Procedure §§ 87–114.] — rulemaking,adj.

formal rulemaking.Agency rulemaking that, when required by statute or the agency’s

discretion, must be on the record after an opportunity for an agency hearing, and must comply

with certain procedures, such as allowing the submission of evidence and the cross-examination of

witnesses. Cf. informal rulemaking. [Cases: Administrative Law and Procedure 381–427. C.J.S.

Public Administrative Law and Procedure §§ 87–114.]

informal rulemaking.Agency rulemaking in which the agency publishes a proposed regulation and receives public comments on the regulation, after which the regulation can take

effect without the necessity of a formal hearing on the record. • Informal rulemaking is the most

common procedure followed by an agency in issuing its substantive rules. — Also termed

notice-and-comment rulemaking. See NOTICE-AND-COMMENT PERIOD. Cf. formal

rulemaking. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative

Law and Procedure §§ 87–114.] [Blacks Law 8th]