What are the steps an agency must follow to enact an effective rule or regulation?

Question

What will be an ideal response?

Answer 1

Section 553 of the Administrative Procedure Act (5 U.S.C.A. 553) dictates that most federal agencies follow an informal rule-making rulemaking process which starts with the proposed rule being published in the Federal Register. The notice contains a statement of the purpose of the rule, and an opportunity to comment. The agency may choose to solicit comments in writing or orally, with a hearing date and place announced. Interested parties are given an opportunity to submit data regarding the proposed rule. The final form of the rules is then published at least 30 days prior to the effective date and is not subject to veto. Thus, there may be little public notice nor debate prior to rules becoming effective. An agency whose rule-making record does not demonstrate that all relevant information was solicited may be overturned on judicial review as arbitrary and capricious. The rules of federal agencies are published in the Code of Federal Regulations. Under the APA, nonlegislative rules are exempt from the requirement that the public receive notice and an opportunity to comment on the proposed rule. Publication is not required for procedural or interpretive rules.
The APA provides that an agency’s rules be made on the record after an agency hearing when the enabling act so requires. This formal rule-making procedure requires a public proceeding in which interested persons are permitted to appear and are given a limited opportunity to cross-examine witnesses. A period of 3 to 6 months is provided for public comment and the final decision can be appealed by those who are adversely affected. Formal rule-making procedures are seldom required. Some enabling acts call for a hybrid rule-making procedure that supplements the comment period, but this is not addressed in the APA.