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Rulemaking Record A rulemaking record is a file normally created by the agency in informal rulemaking. At a minimum, the informal record would contain the notice of proposed rulemaking (NPRM), any studies or reports referred to in the NPRM, public comments, records of any hearings or meetings, and the final rule document. Agencies must anticipate that courts will conduct a thorough review of informal rulemaking and that they will require the agency to produce an administrative record that shows that the agency has taken a hard look at the relevant evidence and policy alternatives. Thus, it is in the agency's interest to include in its administrative record anything that it would want to use to support its policy decisions. Although not mentioned in the APA, the development of the concept of a rulemaking record for informal rulemaking is reflected in the decisions of reviewing courts, and in certain hybrid rulemaking statutes that have detailed record requirements.
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