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Simple English definitions for legal terms

formal rulemaking

Read a random definition: summary adjudication

A quick definition of formal rulemaking :

Formal rulemaking: When government agencies want to make new rules, they have to follow a special process called formal rulemaking. This process has strict rules that they have to follow, which are set out in a law called the Administrative Procedure Act. Formal rulemaking is only required when a law says that the agency has to hold a hearing and make rules based on that hearing. During formal rulemaking, an administrative law judge listens to evidence and makes a decision that becomes a new rule.

A more thorough explanation:

Formal rulemaking is a process used by administrative agencies to create administrative rules. This process is governed by the Administrative Procedure Act (APA) and involves following specific procedural requirements.

Formal rulemaking requirements apply when a statute requires an agency to make rules on the record after an opportunity for an agency hearing. This means that the agency must follow the procedural requirements set out in sections 553(a),(b),(d),(e), 556, and 557 of the APA.

For example, if a statute requires the Environmental Protection Agency (EPA) to create rules for regulating air pollution, the EPA must follow the formal rulemaking process if the statute requires the rules to be made on the record after an opportunity for a hearing.

When an agency is required to follow formal rulemaking procedures, the process resembles an adjudication. This means that an administrative law judge receives evidence in adversary proceedings.

For example, if the EPA is required to follow formal rulemaking procedures to create rules for regulating air pollution, an administrative law judge would receive evidence from interested parties in an adversarial proceeding.

The agency must also give notice of the proposed rulemaking in accordance with section 553 of the APA. The administrative law judge appointed by the agency has the power to administer oaths, take evidence, regulate the course of the hearing, and make or recommend decisions. Finally, section 557 describes how the agency creates the final decision, and how interested parties may submit their input. The decision of the judge becomes a final rule, codified in the Code of Federal Regulations.

Overall, formal rulemaking is a process used by administrative agencies to create administrative rules. This process involves following specific procedural requirements set out in the APA and resembles an adjudication.

formal adjudication | former testimony exception

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JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
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