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Editing Administrative Law
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* AKA- 56 and 57 require an agency to undertake the same type of trial as it would use for adjudication in formal rulemaking. | * AKA- 56 and 57 require an agency to undertake the same type of trial as it would use for adjudication in formal rulemaking. | ||
* There is a presumption against formal rulemaking. Thus, the statute language must be as clear as possible and include at least the words “hearing” and “on the record” | * There is a presumption against formal rulemaking. Thus, the statute language must be as clear as possible and include at least the words “hearing” and “on the record” | ||
* §557 prohibits | * §557 prohibits Ex Parte Communications Outside of the Notice & Comment Period. | ||
'''Hybrid Rulemaking'''- adds more procedures than those specified under §553 informal making procedures, but impose less than those laid out in §556 and §557 formal procedure making. | '''Hybrid Rulemaking'''- adds more procedures than those specified under §553 informal making procedures, but impose less than those laid out in §556 and §557 formal procedure making. | ||
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'''§552. The Freedom of Information Act-''' NO agency rules are exempt from this section. It contains a general requirement that substantive rules of general applicability adopted as authorized by law and each amendment, revision, or repeal of the foregoing be published in the Federal Register for the guidance of the public. | '''§552. The Freedom of Information Act-''' NO agency rules are exempt from this section. It contains a general requirement that substantive rules of general applicability adopted as authorized by law and each amendment, revision, or repeal of the foregoing be published in the Federal Register for the guidance of the public. | ||
<span style="color:#0000ff;">'''American Hospital Assn. v. Bowen'''</span> | <span style="color:#0000ff;">'''American Hospital Assn. v. Bowen'''</span> | ||
* '''((Procedural (management/Personnel) Exception))''' | * '''((Procedural (management/Personnel) Exception))''' | ||
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** A rule is not exempt simply because it has the label “procedural” | ** A rule is not exempt simply because it has the label “procedural” | ||
<span style="color:#0000ff;">'''JEM Broadcasting Company, Inc. v. Federal Communications Commission '''</span> | <span style="color:#0000ff;">'''JEM Broadcasting Company, Inc. v. Federal Communications Commission '''</span> | ||
* '''((Procedural Exception))''' | * '''((Procedural Exception))''' | ||
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* ''Court:'' informal rulemaking was appropriate. Although the enabling act required a “hearing,” the rule was exempt from the formal rulemaking requirements because the act did not require the rule to be made “on the record.” Under §553, the formal rulemaking requirements of 56 and 57 are invoked when rules must be made on the record. | * ''Court:'' informal rulemaking was appropriate. Although the enabling act required a “hearing,” the rule was exempt from the formal rulemaking requirements because the act did not require the rule to be made “on the record.” Under §553, the formal rulemaking requirements of 56 and 57 are invoked when rules must be made on the record. | ||
<span style="color:#0000ff;">'''United States v. Florida East Coast Railway Co.'''</span> | <span style="color:#0000ff;">'''United States v. Florida East Coast Railway Co.'''</span> | ||
* '''((Affirmed ALS, Formal Rulemaking Trigger))''' | * '''((Affirmed ALS, Formal Rulemaking Trigger))''' |