Federal agencies make rules when Congress passes a law that gives them authority to fill in details and carry out a public policy. These rules are called regulations, and they affect areas such as clean air, workplace safety, food labels, banking, and student loans. Rulemaking matters because many laws are too broad to answer every practical question, so agencies create specific requirements people and organizations must follow.
The process is designed to make government action public, organized, and open to input before rules become final.
Key Facts
- Congress passes statutes, and agencies write regulations only when they have legal authority from those statutes.
- The Administrative Procedure Act sets the basic process for federal notice and comment rulemaking.
- A Notice of Proposed Rulemaking announces a proposed rule and invites public comments.
- The Federal Register is the daily official publication where proposed rules, final rules, and notices are published.
- A typical public comment period often lasts 30 to 60 days, but the exact length depends on the rule and agency.
- Courts can review agency rules and may reject rules that exceed legal authority, ignore required procedures, or are arbitrary and capricious.
Vocabulary
- Regulation
- A regulation is a legally binding rule created by a government agency to carry out a law passed by Congress.
- Federal Agency
- A federal agency is a government organization in the executive branch that administers laws and programs in a specific area.
- Notice of Proposed Rulemaking
- A Notice of Proposed Rulemaking is an official announcement that describes a proposed regulation and asks the public for comments.
- Federal Register
- The Federal Register is the official daily publication for federal agency rules, proposed rules, and public notices.
- Judicial Review
- Judicial review is the power of courts to examine whether an agency rule follows the law and required procedures.
Common Mistakes to Avoid
- Thinking agencies can make any rule they want. Agencies must have authority from a statute, and rules can be struck down if they go beyond that authority.
- Skipping the public comment step in the process. Most major rules require notice and comment so people, businesses, states, and organizations can give evidence and arguments before the rule is finalized.
- Confusing a proposed rule with a final rule. A proposed rule is not yet binding, while a final rule has completed the process and usually includes an effective date.
- Assuming courts rewrite agency rules during judicial review. Courts usually decide whether the agency acted legally and reasonably, then may uphold the rule or send it back to the agency.
Practice Questions
- 1 An agency publishes a proposed rule on March 1 with a 45 day comment period. On what date does the comment period end if March has 31 days?
- 2 A rulemaking timeline has these steps: Congress passes a law, the agency drafts a proposed rule, the comment period lasts 60 days, the agency reviews comments for 90 days, and the final rule takes effect 30 days after publication. How many days pass from the start of the comment period to the effective date of the final rule?
- 3 A new agency rule creates requirements that are not connected to any law passed by Congress. Explain why this could be challenged in court and what a judge might examine during judicial review.