Administrative Agencies and the Rulemaking Process

Learn how administrative agencies create and enforce regulations through the rulemaking process under the Administrative Procedure Act (APA). This infographic explains the difference between laws and regulations, provides examples of key agencies, and outlines the notice and comment period for public input. Be sure to check out our Policy Unpacked  series for more plain language articles about the policy process in the United States.

An infographic titled "Administrative Agencies & The Rulemaking Process" explains how agencies create rules under the Administrative Procedure Act (APA). The infographic is structured with multiple sections, each using a combination of text, icons, and illustrations in blue, green, and white color themes.

Law vs. Regulation: A law is made by Congress and dictates what people can or cannot do, whereas a regulation is made by agencies to explain how laws should be carried out. Example: A law might prohibit driving over a certain speed limit, while a regulation clarifies exact speed limits and how they are enforced. A gavel and book illustration accompany this section.
Examples of Administrative Agencies:
The Securities and Exchange Commission (SEC) monitors the stock market for fairness.
The National Labor Relations Board (NLRB) ensures workers and employers follow fair labor rules.
The National Council on Disabilities (NCD) helps improve life for disabled individuals.
Icons representing finance, legal documents, and diverse people with disabilities accompany this section.
Administrative Agencies: These agencies enforce laws and are created by Congress, which defines their roles, powers, and rulemaking authority.
What is the Notice and Comment Period? Explains the three-step rulemaking process:
Proposal – An agency suggests a new rule or amendment.
Public Feedback – The public can provide comments.
Final Rule – The agency reviews feedback, makes changes, and finalizes the rule.
The bottom of the infographic features the logo and website of The National Center for Disability, Equity, and Intersectionality (www.thinkequitable.com).

Administrative Agencies and the Rulemaking Process

By Tracy Waller, MPH, Esq.

Unsure of how the Rulemaking Process works in The United States? Unclear of the difference between a law and a regulation? We’ve got you covered with this plain language guide to how the process works and definitions for all the words we don’t use in everyday life.

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