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Formal Rulemaking Formal rulemaking is a type of rulemaking in which the agency, by statute, may issue a rule only after an opportunity for a "hearing on the record." Such a proceeding must be conducted according to the formal hearing provisions of the APA (5 U.S.C. §§ 556-557 of title 5). Because such procedures are quite cumbersome for rulemaking, few statutes now require formal rulemaking.
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