What type of rulemaking includes the opportunity for public comment but does not require a hearing?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

The correct answer is informal rulemaking, which is also known as "notice-and-comment" rulemaking. This type of rulemaking allows for public participation through the submission of comments but does not mandate a formal hearing. In informal rulemaking, an agency publishes a proposed rule in the Federal Register and invites public comments. After considering these comments, the agency can finalize the rule without the need for a hearing.

In informal rulemaking, the emphasis is on transparency and public input while allowing the agency to efficiently enact regulations without the prolonged process that a formal hearing would entail. This approach strikes a balance between the need for regulatory flexibility and public involvement in the decision-making process.

Other types of rulemaking, such as formal rulemaking, require a more structured process that includes hearings and a more comprehensive adjudicative framework, which is not characteristic of informal rulemaking. Emergency rulemaking, on the other hand, allows for expedited rulemaking in response to urgent situations, often bypassing some of the usual requirements for public comment or notice. Hybrid rulemaking mixes elements of both formal and informal processes, but it still does not fit the definition provided in the question as neatly as informal rulemaking does.

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