What types of rulemaking can administrative agencies engage in?

Administrative agencies have the authority to engage in various types of rulemaking, which includes formal rulemaking, informal rulemaking, hybrid rulemaking, and negotiated rulemaking.

Formal rulemaking follows a prescribed process that typically requires a hearing and involves more rigorous procedural requirements. This type of rulemaking is often mandated by statute when the agency is required to make rules that have the force of law after a formal evidentiary hearing, allowing for a detailed examination of evidence and witness testimony.

Informal rulemaking, on the other hand, is governed by the Administrative Procedure Act (APA) and is usually less complex. This approach often involves a notice-and-comment procedure, where the agency publishes a proposed rule, collects public comments, and then issues a final rule based on that input without the need for a formal hearing.

Hybrid rulemaking combines aspects of both formal and informal rulemaking, allowing agencies to implement a more flexible approach depending on the context and statutory requirements. It may involve public hearings and comment periods tailored to the needs of the specific rules being developed.

Negotiated rulemaking involves the agency actively engaging with stakeholders, including representatives from affected industries or interest groups, to collaboratively develop rules. This method can be beneficial in reducing conflicts and ensuring that the rule is