Under the APA, what is required for the agency to be properly reviewing a final rule before it becomes effective?

Under the APA, what is required for the agency to be properly reviewing a final rule before it becomes effective?

• A. Only internal agency review is required.
• B. The rule can take effect immediately without review.
• C. There must be public notice and an opportunity for comment prior to finalization.
• D. No notice is required.

Answer: (C)

Notice-and-comment rulemaking is how the APA governs final rules. Before a rule is finalized, the agency must publicly announce the proposed rule and give interested parties a reasonable opportunity to comment. The agency then considers those comments and responds to them in the final rule, which is published for the record. This process ensures transparency and accountability, allowing input to shape the final rule. There are narrow exceptions (like interpretive rules or emergency circumstances), but the default rule is that there must be public notice and an opportunity for comment prior to finalization.

Notice-and-comment rulemaking is how the APA governs final rules. Before a rule is finalized, the agency must publicly announce the proposed rule and give interested parties a reasonable opportunity to comment. The agency then considers those comments and responds to them in the final rule, which is published for the record. This process ensures transparency and accountability, allowing input to shape the final rule. There are narrow exceptions (like interpretive rules or emergency circumstances), but the default rule is that there must be public notice and an opportunity for comment prior to finalization.