informal rulemaking

Agency rulemaking in which the agency publishes a proposed regulation and receives public comments on the regulation, after which the regulation can take effect without the necessity of a formal hearing on the record.

• Informal rulemaking is the most common procedure followed by an agency in issuing its substantive rules.

— Also termed notice-and-comment rulemaking. See NOTICE-AND-COMMENT PERIOD. Cf. formal rulemaking. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative Law and Procedure §§ 87–114.]


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