Legal Definitions - Rulemaking

Rulemaking is the formal process by which government agencies develop, propose, and finalize new rules or regulations. These regulations often provide the detailed instructions and procedures necessary to implement broader laws passed by a legislature, or they address specific issues within the agency's area of expertise. This process typically involves several steps, including public notice of proposed rules, opportunities for interested parties to submit comments and feedback, and the eventual publication of the final rule, which then carries the force of law.

Here are some examples to illustrate rulemaking:

• Imagine the U.S. Congress passes a law requiring all new cars to be more fuel-efficient. This law sets a general goal, but it doesn't specify the exact miles per gallon (MPG) targets, how they will be measured, or the penalties for non-compliance. The National Highway Traffic Safety Administration (NHTSA), an administrative agency, would then engage in rulemaking. NHTSA would propose specific MPG standards for different vehicle classes, outline testing procedures, and define enforcement mechanisms. They would publish these proposed rules, invite public comments from car manufacturers, consumer groups, and experts, and then consider this feedback before issuing the final, legally binding regulations that carmakers must follow.

• Consider a situation where new scientific research reveals that certain chemicals commonly used in consumer products could pose health risks. The Environmental Protection Agency (EPA), tasked with protecting human health and the environment, might initiate rulemaking to restrict or ban the use of these chemicals. The EPA would research the issue, propose a set of rules outlining the restrictions, provide a period for chemical manufacturers, environmental advocates, and the public to submit comments and data, and then publish a final regulation that dictates how these chemicals can be manufactured, used, or disposed of, thereby giving the restriction the force of law.

• A state legislature passes a law requiring all public schools to implement new safety protocols, such as updated fire drills or secure entry systems. The State Department of Education, an administrative agency, would then undertake rulemaking. This agency would develop detailed regulations specifying the frequency and nature of fire drills, the technical requirements for secure entry systems, and the reporting procedures for compliance. They would likely consult with school districts, parent groups, and safety experts during a public comment period before finalizing these regulations, which all public schools in the state would then be legally obligated to follow.