Legal Definitions - informal agency action

Informal agency action refers to the many routine activities that government administrative agencies undertake that do not involve formal legal hearings (adjudication) or the creation of new regulations (rulemaking). These actions are often less structured but are essential for an agency to carry out its mission, including gathering information, providing guidance, or monitoring compliance with existing laws.

Here are some examples of informal agency action:

• Example 1: Public Health Advisory

  The Centers for Disease Control and Prevention (CDC) issues a public health advisory recommending specific precautions, such as wearing masks in certain settings, during a flu season with a particularly virulent strain. This advisory provides guidance to the public based on current health data.

  Explanation: The CDC's advisory is an informal agency action because it is not creating a new law or regulation (rulemaking) that mandates mask-wearing, nor is it a formal legal proceeding to resolve a dispute (adjudication). Instead, it's a form of public communication and guidance aimed at informing the public and promoting health.

• Example 2: Environmental Site Visit

  An inspector from a state's Department of Environmental Quality (DEQ) visits a manufacturing plant to conduct a routine check for compliance with waste disposal permits. During the visit, the inspector observes a minor procedural deviation and provides verbal recommendations to the plant manager on how to correct it, without issuing a formal citation or initiating a penalty process.

  Explanation: This site visit and the verbal recommendations are informal agency actions. The DEQ is supervising and monitoring compliance with existing regulations. It is not engaged in a formal hearing to determine a violation (adjudication), nor is it creating a new environmental rule (rulemaking). It's a proactive measure to ensure adherence to established standards.

• Example 3: Consumer Information Hotline

  The Federal Trade Commission (FTC) operates a consumer information hotline and website where individuals can report scams or get advice on consumer protection issues. Agency staff provide general information and resources without initiating formal investigations or enforcement actions based on every call.

  Explanation: Operating a hotline and providing general information are informal agency actions. The FTC is engaging in public outreach and education, as well as gathering intelligence. It is not conducting a formal legal proceeding to resolve a specific consumer complaint (adjudication), nor is it creating new consumer protection laws (rulemaking). It's a service to inform and assist the public.