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Exceptions to Rule-making Procedures

Administrative rule-making is the process of creation and promulgation of regulations by the executive and various independent agencies.  These agencies formulate regulations for better execution of the policies laid down by the legislature.

The Federal Administrative Procedure rule-making provisions are not applicable to military functions or foreign affairs functions of the U.S.  The provisions also do not apply to matters related to management of agencies, contracts, personnel, public property, loans, grants, or benefits.   Interpretive rules; general statements of policy; or rules of agency organization, procedure, or practice are also exempted from the Federal Administrative Procedure Act rule-making provisions.  Provisions for adequate notice and comment statements do not apply when agencies follow negotiated rule-making procedures.  Rule-making provisions under the federal act will not be applicable in matters of public benefit.

Some experts are of the opinion that the rule-making process reduces the transparency and accountability of democratic government.

Inside Exceptions to Rule-making Procedures