Promulgate
| What is rulemaking in the context of the administrative state? Rulemaking is a process by which administrative agencies amend, repeal, or create an administrative regulation. The most common rulemaking process is informal rulemaking, which solicits written public feedback on proposed rules during a comment period. When required by statute, certain agencies must follow the formal rulemaking process, which incorporates a trial-like hearing in place of the informal comment period, or hybrid rulemaking, which blends specified elements of formal rulemaking into the informal rulemaking process. Learn about rulemaking here. |
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Promulgate, in the context of administrative law, is a term used to describe the process of enacting an administrative final rule as an administrative regulation. A regulation is promulgated when a final rule is published in the Federal Register at the conclusion of the rulemaking process. Promulgated rules are then codified in the Code of Federal Regulations.
Background
- See also: Rulemaking and Final rule
The rulemaking process guides federal agencies through step-by-step procedures to promulgate a rule. An agency may follow either formal or informal rulemaking procedures, depending on the agency's statutory requirements. Most rules are promulgated through informal rulemaking, also known as notice-and-comment rulemaking.[1]
Final rules are published in the Federal Register to publicly circulate the details of each rule and its effective date. Published final rules generally follow the following format:
Preamble
The preamble of a final rule is made up of the following subsections:[2]
- Summary
The summary section provides information about the agency's rationale behind the final rule, including contributing societal challenges and regulatory objectives. - Dates
The dates section includes information about the final rule's effective date as well as any compliance dates, applicability dates, or exceptions requiring congressional approval or compliance with the Paperwork Reduction Act. - Supplementary information
The supplementary information section includes information about the basis and purpose of the final rule. According to the Federal Register, the basis and purpose description " sets out the goals or problems the rule addresses, describes the facts and data the agency relies on, responds to major criticisms in the proposed rule comments, and explains why the agency did not choose other alternatives. "[2]
Statement of authority
The final rule must identify the agency's legal authority for issuing the rule.[2]
Full text
The final rule must include the full regulatory text of the rule. The regulatory text proposes amendments to the Code of Federal Regulations (CFR), complete with instructions for including each amendment in the CFR.[2]
In most cases, a final rule cannot take effect until the rule has been submitted to both houses of Congress and to the General Accounting Office (GAO). After the final rule is published in the Federal Register, the promulgated rule is then codified in the Code of Federal Regulations. A promulgated rule generally goes into effect no less than 30 days after the publication date in the Federal Register. Rules that are categorized as significant rules and major rules take effect no less than 60 days after publication. In order for a rule to take effect at an earlier date, an agency must cite good cause, which the Federal Register defines as persuasive reasoning, to demonstrate that the rule is in the public interest.[2][3]
See also
External links
Footnotes
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