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Hybrid Rulemaking
Hybrid rulemaking, as its name implies, is a cross between informal and formal rulemaking procedures. Hybrid rulemaking results when the agency's statute requires procedures that are more formal than the APA's notice-and-comment, informal rulemaking, but less formal than on-the-record, trial-like, formal rulemaking. Various hybrid procedures include creation of an informal record, multi-stage rulemaking, and issuance of detailed findings and reasons. Some significant regulatory statutes, mostly enacted in the 1970's, such as the Clean Air Act, Occupational Safety and Health Act, and the Federal Trade Commission's rulemaking statute, require hybrid rulemaking.
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