In informal rulemaking, what must the final rule include?

In informal rulemaking, what must the final rule include?

• A. A full legislative history.
• B. A summary of dissenting views.
• C. No explanation is required.
• D. A concise statement of basis and purpose.

Answer: (D)

The main idea here is that informal rulemaking requires the final rule to include a concise general statement of basis and purpose. This ensures the rule is grounded in clear authority and policy reasoning—the facts considered, the legal basis, and the objectives the agency aims to achieve. It helps the public understand why the rule was chosen and provides a basis for judicial review by showing the rationale behind the decision, without forcing a full legislative history. A full legislative history or a summary of dissenting views isn’t required, and stating that no explanation is needed would leave the rule’s justification opaque.

The main idea here is that informal rulemaking requires the final rule to include a concise general statement of basis and purpose. This ensures the rule is grounded in clear authority and policy reasoning—the facts considered, the legal basis, and the objectives the agency aims to achieve. It helps the public understand why the rule was chosen and provides a basis for judicial review by showing the rationale behind the decision, without forcing a full legislative history. A full legislative history or a summary of dissenting views isn’t required, and stating that no explanation is needed would leave the rule’s justification opaque.