question
Formal Rule making
answer
A type of rule making that is used when legislation requires a:
(a) formal hearing process with a complete transcript;
(b) consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.
Case: United States v. Florida East Coast Railway Company
(a) formal hearing process with a complete transcript;
(b) consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.
Case: United States v. Florida East Coast Railway Company
question
Informal Rule Making
answer
A type of rule making in which an agency
(a) publishes a proposed rule in the Federal Register,
(b) considers public comments, and then
(c) publishes the final rule. Also called notice-and-comment rule making.
/Chocolate Manufacturers Association v. block/
(a) publishes a proposed rule in the Federal Register,
(b) considers public comments, and then
(c) publishes the final rule. Also called notice-and-comment rule making.
/Chocolate Manufacturers Association v. block/
question
Rules exempt from APA's Requirements:
answer
(1) Interpretive Rules
(2) Agency Reinterpretation of Interpretive Rules
(3) Rules of Agency Organization, Procedure, or Practice
(4) Good Cause Exemptions
(2) Agency Reinterpretation of Interpretive Rules
(3) Rules of Agency Organization, Procedure, or Practice
(4) Good Cause Exemptions
question
(1) Interpretive Rules:
answer
A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.
Two approaches (cases):
/National Family Planning and Reproductive Health Association, Inc. v. Sullivan/
/Hoctor v. United States Department of Agriculture/
Two approaches (cases):
/National Family Planning and Reproductive Health Association, Inc. v. Sullivan/
/Hoctor v. United States Department of Agriculture/
question
(2) Agency Reinterpretation of Interpretive Rules
answer
see /Perez v. Mortgage Bankers Association/
question
(3) Rules of Agency Organization, Procedure, or Practice
answer
Rules that are procedural and not substantive.
/Public Citizen v. Department of State/
/Public Citizen v. Department of State/
question
(4) Good Cause Exemptions
answer
allows agencies to forego notice-and-comment rulemaking procedures if agencies can demonstrate atht those procedures are "impracticable, unneceesary, or contrary to the public interest."
/Mack Trucks, Inc. v. EPA/
/Mack Trucks, Inc. v. EPA/
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