Question
21) Explain the differences between formal and informal rulemaking. The APA created two different types of processes for creation of administrative rules formal rule making
21) Explain the differences between formal and informal rulemaking.
The APA created two different types of processes for creation of administrative rules formal rule making which requires a hearing on the record with the presentation of evidence, similar to a courtroom proceeding. However, informal rule making requires notice to the public and the opportunity to comment on the proposed rule.
22) Explain the difference between rulemaking and adjudication.
23) Explain how the courts control agency rulemaking authority.
24) Generally, agencies are free to make rules without conducting hearings, whereas hearing are usually required with adjudications. Discuss why hearings are not required with informal rulemaking. Do you think that agencies should be required to conduct hearings for all rulemaking? Explain your position.
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