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]