What is the minimum requirement for agency rulemaking?

The minimum requirement for agency rulemaking is notice and comment. This process is mandated by the Administrative Procedure Act (APA), which establishes the procedures that federal administrative agencies must follow when creating new rules. The notice and comment requirement ensures transparency and public participation in the rulemaking process.

Under this requirement, agencies must provide notice of proposed rules to the public, allowing interested parties to review and provide feedback on the proposed regulations. After the comment period, agencies must consider the public input before finalizing the rules. This process not only fosters accountability but also enhances the legitimacy of agency actions by allowing stakeholders to voice their concerns or support.

Approval by the President, a public referendum, and judicial review do not constitute minimum requirements for agency rulemaking. While presidential approval may apply to certain significant actions, it is not a standard requirement for all rulemaking. A public referendum is not a typical mechanism used in administrative law for rulemaking and is more associated with direct democracy measures. Judicial review occurs after the fact and does not pertain to the initial rulemaking process.