§3412 Administrative Procedure

Summary

Apply the procedures in subchapter II of chapter 5 of Title 5 to any rule or order under this chapter that counts as a "rule" under section 551(4) of Title 5. Sections 554, 556, and 557 of Title 5 do not apply to orders under sections 3361, 3362, or 3363. For other proposed rules or orders, agencies must, as much as possible, let people speak in person about data, views, and arguments before the rule takes effect. If the agency used a full waiver under section 553(d)(3), the in-person chance must happen no later than 30 days after the rule takes effect; otherwise no later than 45 days. A transcript must be made. The Commission or any federal agency that issues these rules must make procedures to allow adjustments to avoid special hardship, unfairness, or unequal burdens. Agencies must let people ask for an interpretation, change, cancellation, exception, or exemption. If someone is harmed by a denial, they can ask the agency to review the denial and can seek judicial review under section 3416 when the denial is final. Agencies must include a chance for oral presentation when they consider such requests.