What is required in an enabling act for a court to enforce formal rulemaking procedures?

In the context of administrative law, an enabling act outlines the authority granted to an agency to create regulations. For a court to enforce formal rulemaking procedures, one of the key requirements is that there must be a hearing on the record. This means that the agency must conduct a structured proceeding where evidence is presented, and a record is created, allowing for judicial review. This process ensures that the rulemaking is transparent and provides an opportunity for all stakeholders to offer input in a formal setting, akin to a trial.

The requirement for a hearing on the record is established under the Administrative Procedure Act (APA), which dictates formal rulemaking protocols. Having such a hearing distinguishes formal rulemaking from informal rulemaking, which does not necessitate this level of procedure, allowing courts to ensure that statutory mandates are fulfilled with proper legal rigor.

Other options like public comment periods and written statements are features of informal rulemaking, which is less stringent and does not create the same legal enforceability in court. Final approval from the agency, while necessary for the completion of the rulemaking process, does not pertain directly to the requirements needed for enforcing formal procedures through court interventions. Hence, the presence of a hearing on the record is a critical component for a court to enforce the