rulemakings

Rulemakings are formal or quasi-formal processes by which government agencies create, modify, or repeal regulations that have the force of law. They establish standards, requirements, prohibitions, or procedures in areas such as public safety, environment, labor, finance, and consumer protection. While the exact process varies by jurisdiction, rulemaking generally operates within the framework of statutes that authorize agency action and procedural rules that govern how decisions are made.

In many systems, rulemakings follow a notice-and-comment procedure. An agency publishes a notice of proposed rulemaking (NPRM) or an advance notice of proposed rulemaking (ANPRM) outlining the proposed rule and seeking input from interested parties. The agency may request data, hold hearings, or solicit written comments. Agencies also, in many jurisdictions, perform impact analyses to assess costs and benefits, as well as effects on small entities and on competition.

After considering public comments, the agency issues a final rule, often accompanied by a final rule preamble explaining the basis for the rule and responding to major comments. The rule is published in an official gazette or regulator’s journal; it becomes effective on a specified date.

Rulemakings can be substantive (legislative) rules that create binding rights and obligations or interpretive or procedural rules that guide agency action and are often not subject to the same formal notice-and-comment requirements. Substantive rules are typically subject to more rigorous review and may be subject to judicial challenge on grounds of statutory compliance or procedural defect.

In the United States, rulemakings are governed in part by the Administrative Procedure Act; key agencies also use centralized review by the Office of Information and Regulatory Affairs (OIRA) for major rules. Other jurisdictions use different procedures but share the core principles of transparency, public participation, and accountability.