What is a primary feature of Informal Rulemaking?

Informal rulemaking is characterized primarily by the inclusion of a notice and comment period. This process is governed by the Administrative Procedure Act (APA) and typically involves an agency publishing a proposed rule, allowing members of the public to submit comments, suggestions, or objections regarding the proposed rule before it is finalized. This mechanism facilitates public participation and transparency in the rulemaking process, enabling the agency to consider a wider range of perspectives and information before making a decision.

The notice and comment process serves as a vital component of informal rulemaking, reflecting the democratic principles of accountability and responsiveness in administrative governance. It stands in contrast to formal rulemaking, which requires a more rigorous process, including formal trial-like procedures. The absence of requirements for cross-examination of witnesses or public hearings further distinguishes informal rulemaking; these processes are not typically involved, emphasizing efficiency and flexibility in administrative operations.