Skip to main content
SpringerLink
Log in
Book cover

Global Encyclopedia of Public Administration, Public Policy, and Governance pp 1–4Cite as

Formal Rulemaking in Public Administration

  • Living reference work entry
  • First Online:

  • 869 Accesses

Synonyms

Administrative Law Judgment; Hearing; Rulemaking

Definition

Formal rulemaking is one of three forms of administrative rulemaking in the United States: informal (notice and comment), hybrid, and formal (hearing). Formal rulemaking involves agencies holding hearings – on the record and presided over by an administrative law judge – to adjudicate a rule when that rule unduly affects the life or livelihood of a small group of individuals or organizations. Formal rulemaking does not require “notice and comment” as the hearing serves this purpose. Formal rulemaking does require most of the mechanisms of civil law procedure including cross-examination and the judgment of an administrative law judge.

Formal rulemaking is prompted when the authorizing legislation stipulates agencies are required to promulgate rules “on the record after opportunity for an agency hearing.”

Introduction

When most citizens or scholars think of rulemaking, they think of the website regulations.gov and...

This is a preview of subscription content, log in via an institution.

References

  • Anthony RA (1992) Interpretive rules, policy statements, guidances, manuals and the like – should federal agencies use them to bind the public? Duke Law J 41:1311–1384

    Google Scholar 

  • Hamilton RW (1972) Procedures for the adoption of rules of general applicability: the need for procedural innovation in administrative rulemaking. Calif Law Rev 60:1276–1337

    Google Scholar 

  • Jordan WS III (2000) Ossification revisited: does arbitrary and capricious review significantly interfere with agency ability to achieve regulatory goals through informal rulemaking? Northwest Law Rev 94(2):393–450

    Google Scholar 

  • Pierce RJ Jr (1997) The APA and regulatory reform. Adm Law J 81(83):95–190

    Google Scholar 

  • Rubin E (2003) It’s time to make the administrative procedure act administrative. Cornell Law Rev 95(107)

    Google Scholar 

  • Shulman SW (2009) The case against mass emails: perverse incentives and low quality public participation in US federal rulemaking. Policy Internet 1(1):23–52

    Article  Google Scholar 

  • Siegel JR (1998) Textualism and contextualism in administrative law. Baylor Univ Law Rev 1023(1068)

    Google Scholar 

  • Yackee JW, Yackee SW (2012) Testing the ossification thesis: an empirical examination of federal regulatory volume and speed, 1950–1990. George Wash Law Rev 80(5):1414–1492

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Virginia Polytechnic University and State Institute, Blacksburg, VA, USA

    Sara R. Jordan

Authors
  1. Sara R. Jordan
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to Sara R. Jordan .

Editor information

Editors and Affiliations

  1. Florida Atlantic University, Boca Raton, Florida, USA

    Ali Farazmand

Rights and permissions

Reprints and permissions

Copyright information

© 2016 Springer International Publishing Switzerland

About this entry

Cite this entry

Jordan, S.R. (2016). Formal Rulemaking in Public Administration. In: Farazmand, A. (eds) Global Encyclopedia of Public Administration, Public Policy, and Governance. Springer, Cham. https://doi.org/10.1007/978-3-319-31816-5_1028-1

Download citation

  • DOI: https://doi.org/10.1007/978-3-319-31816-5_1028-1

  • Received:

  • Accepted:

  • Published:

  • Publisher Name: Springer, Cham

  • Online ISBN: 978-3-319-31816-5

  • eBook Packages: Springer Reference Economics and FinanceReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences

Publish with us

Policies and ethics

Search

Navigation