How the Regulatory Process Works

After legislation is passed, agencies within the federal and state government must implement policies and procedures to implement the law. These policies and procedures are known as rules and/or regulations and are issued and implemented through the administrative process - also referred to as the regulatory process. An agency issues rules and regulations to provide for specific implementation methods, interpretations, definitions, and compliance or enforcement provisions of the new law. Agencies also review and revise their rules on a scheduled basis or as necessitated by new circumstances. The administrative process provides multiple opportunities for public involvement and by its very nature is considered a public process. Below is a brief overview of the administrative process as well as links to documents that depict the process within both the federal and state governments.

Agencies issue notices of intent for rule making and rule review. This notice establishes a time frame by which the rules will be developed or amended and specifies dates for public hearings and written comments. Public comments can be submitted in writing in compliance with the agencies policies - some agencies require specific formats for written comments. Public hearings will often be scheduled for testimony by parties both in favor and in opposition of the proposed rule or amendment. The agency must then consider all comments and respond to them before issuing the final revised or new rule. Below are charts that describe this process at the federal and state levels.