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      "title": "A Brief Overview of Rulemaking and Judicial Review",
      "summary": "The Administrative Procedure Act (APA), which applies to all agencies of the federal government, provides the general procedures for various types of rulemaking. The APA details the rarely used procedures for formal rules as well as the requirements for informal rulemaking, under which the vast majority of agency rules are issued. This report provides a brief legal overview of the methods by which agencies may promulgate rules, which include formal rulemaking, informal (notice-and-comment or \u00a7 553) rulemaking, hybrid rulemaking, direct final rulemaking, and negotiated rulemaking. In addition, this report addresses the legal standards applicable to the repeal or amendment of existing rules. \nThere is substantial case law regarding APA procedures and agency rulemakings. This report summarizes both the procedural and substantive standards that reviewing courts use to discern whether agency rules have been validly promulgated, amended, or repealed. Additionally, the report highlights the numerous exceptions to the APA\u2019s general procedural requirements, including the \u201cgood cause\u201d standard, and the rules regarding agency issuance of policy statements, interpretive rules, and rules of agency procedure.\nThis report also briefly addresses the requirements of presidential review of agency rulemaking under Executive Order 12866 and its successors, as well as the recently established requirement to offset costs under Executive Order 13771. The report does not, however, discuss other statutes that may impact particular agency rulemakings, such as the Regulatory Flexibility Act, the National Environmental Policy Act, the Congressional Review Act, or the Unfunded Mandates Reform Act.",
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      "title": "A Brief Overview of Rulemaking and Judicial Review",
      "summary": "The Administrative Procedure Act (APA), which applies to all agencies, provides the general procedures for various types of rulemaking. The APA details the rarely used procedures for formal rules as well as the requirements for informal rulemaking, under which the vast majority of agency rules are issued. This report provides a brief legal overview of the various methods by which agencies may promulgate rules, which include formal rulemaking, informal (notice-and-comment or \u00a7553) rulemaking, hybrid rulemaking, direct final rulemaking, and negotiated rulemaking.\nThere is substantial case law regarding APA procedures and agency rulemakings. This report concisely mentions the standards that reviewing courts will use to discern whether agency rules have been validly promulgated. Additionally, inquiries regarding the APA often concern agency actions that involve exceptions to APA requirements or additional steps that agencies voluntarily have taken or imposed upon themselves that are not required by the APA. For example, adversely affected parties may contest agency uses of the \u201cgood cause\u201d exceptions to the APA procedural requirements to promulgate an interim final rule. Another frequent topic of inquiry is whether an agency guidance document should have been issued as a legislative rule under APA notice-and-comment procedures.\nThis report does not address the requirements of presidential review of agency rulemaking under Executive Orders 12866 and 13563 or other statutes that may impact particular agency rulemakings, such as the Regulatory Flexibility Act, the National Environmental Policy Act, the Congressional Review Act, or the Unfunded Mandates Reform Act. Additionally, issues of standing, ripeness, finality of agency action, or exhaustion of administrative remedies may arise. As this brief report does not address these potentially applicable statutes or legal issues in depth, the authors may assist with legal questions regarding such requirements or agency-specific rules.",
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        {
          "source": "IBCList",
          "id": 3271,
          "name": "Rulemaking and the Regulatory Process"
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    {
      "source": "University of North Texas Libraries Government Documents Department",
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      "id": "R41546_2011Jan04",
      "date": "2011-01-04",
      "retrieved": "2016-03-19T13:57:26",
      "title": "A Brief Overview of Rulemaking and Judicial Review",
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  "topics": [
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}