ABSTRACT

As the name implies, quasi-legislative activities of agencies are designed to “flesh out” a statute that has been passed by the Congress. The collected rules that have been issued by agencies are gathered together, organized by subject, and then published in the Code of Federal Regulations (CFR). The CFR contains all of the notices that have been published in the Federal Register. An agency can commence rulemaking at any one of three points. Rulemaking can be started by a petition filed by an outside party, it can be started by the agency itself with the publication of an advance notice of proposed rulemaking, or it can be started by the agency itself with the publication of a draft rule. The “informal” rulemaking is one of the two varieties of rulemaking that an agency can use, and it is far and away the most common. The other form of rulemaking is the so-called hybrid rulemaking proceeding.