§3412 Administrative Procedure

Summary

Rules and orders made under this law that act like federal rules must follow the basic rulemaking steps in the Administrative Procedure Act. However, the formal hearing rules in sections 554, 556, and 557 of title 5 do not apply to orders under sections 3361, 3362, or 3363. People should be given a chance to speak in person about proposed rules or orders (except those three kinds of orders). That chance should happen before the rule takes effect when possible. If the agency cuts the comment period entirely under section 553(d)(3), the oral hearing must be held no later than 30 days after the rule takes effect; otherwise it must be no later than 45 days after. A transcript must be kept. Agencies must also make rules that let people seek adjustments (like changes, exceptions, or exemptions) to avoid hardship or unfair burdens, give a way to ask for review if a request is denied, and allow oral presentations when considering those requests. Judicial review is available under section 3416 once a denial is final.