How do agencies make rules? The APA provides for two types of rulemaking: formal and informal. Agencies may also conduct other forms of rulemaking, due to either administrative or statutory requirements.

The most common form of rulemaking is informal, also called notice-and-comment rulemaking, which is governed by section 553 of the APA.

Under this procedure, the agency notifies the public of the proposed rule, accepts comments, and then, after consideration of the comments, adopts a final...