§3412 Administrative procedure

Summary

Federal agencies must use the regular federal rulemaking process in subchapter II of chapter 5 of title 5 for any rule or order under this chapter that counts as a "rule" under section 551(4). The formal hearing rules in sections 554, 556, and 557 do not apply to orders under sections 3361, 3362, or 3363. When possible, agencies must let people speak in person about proposed rules or orders (except those three kinds). If the full comment period was waived under section 553(d)(3), the oral chance must be given no later than 30 days after the rule takes effect; otherwise no later than 45 days. A transcript must be kept. The Commission or any agency (except for orders under 3361–3363) must make procedures to adjust rules to avoid special hardship, unfair results, or unequal burdens. People must be able to ask for an interpretation, change, cancellation, exception, or exemption and get a chance to speak. If a request is denied and someone is harmed, they can ask the agency to review that denial and can seek judicial review under section 3416 once the denial is final.