Regular Rulemaking Process
The vast majority of regulations adopted pursuant to the Administrative Procedure Act (APA) are submitted to OAL as “regular” rulemakings. Unless a proposed rulemaking action is submitted to OAL as an “emergency” rulemaking or is exempted from the APA, the regular rulemaking process must be complied with when an agency undergoes a rulemaking action. The regular rulemaking process includes comprehensive public notice and comment requirements. It also requires that documents and information on which the rulemaking action is based are available for review and inspection. This comprehensive process is intended to further the goal of public participation in the rulemaking process and to create an adequate rulemaking record for review by OAL and the courts.