What is required for the rulemaking function of most administrative agencies?

The rulemaking function of most administrative agencies requires a process known as notice and comment. This process is a key element of the informal rulemaking procedures established under the Administrative Procedure Act (APA).

During the notice and comment rulemaking process, an agency first publishes a proposed rule in the Federal Register, allowing the public to be informed about the intended regulation. This notice must include the specifics of the proposed rule and invite comments from interested parties. After the comment period, the agency considers the feedback and may revise the rule accordingly before issuing a final rule.

This approach ensures transparency and allows public participation in the regulatory process, providing an opportunity for stakeholders to express their views, data, or concerns related to the proposed rule. It is an essential mechanism for balancing agency authority with public interests and ensuring accountability in administrative governance.

The other options, while they may play a role in some aspects of agency functioning or in specific instances, do not capture the primary procedural requirement for rulemaking as established by the APA. For example, compulsory hearings may not be required for all rulemaking processes, public consultations might occur before or after the formal rules are proposed, and internal reviews may be part of an agency’s operations but do not constitute the core of the notice and