Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Administrative Law
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 42: | Line 42: | ||
** <u>Rule</u>- the whole or a part of an agency statement of general or particular applicability and future effect §551(4). | ** <u>Rule</u>- the whole or a part of an agency statement of general or particular applicability and future effect §551(4). | ||
'''The Process''' | |||
# Determination of need for a rule | # Determination of need for a rule | ||
# Draft the rule | # Draft the rule | ||
Line 52: | Line 52: | ||
'''Informal Rulemaking'''- '''§553'''. Involves fewer procedures than formal rulemaking. Agency must follow a simple three step process to engage in informal rulemaking: | '''Informal Rulemaking'''- '''§553'''. Involves fewer procedures than formal rulemaking. Agency must follow a simple three step process to engage in informal rulemaking: | ||
# '''Publish a notice''' of the proposed rules in the | # '''Publish a notice''' of the proposed rules in the Federal Register (THERE ARE EXCEPTIONS) | ||
# Must give interested persons the '''opportunity to participate''' in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation.” Thus, the agency has the option to permit oral presentation | # Must give interested persons the '''opportunity to participate''' in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation.” Thus, the agency has the option to permit oral presentation | ||
# The agency must incorporate in the rules adopted a '''concise general statement of their basis and purpose''' | # The agency must incorporate in the rules adopted a '''concise general statement of their basis and purpose''' |