Notice and comment rulemaking should be distinguished from rulemaking that involves a formal agency hearing with the taking of evidence and opportunity for cross examination before an agency or hearing examiner. This latter type of rulemaking is not invoked unless specifically required by statute. The notice of proposed rulemaking is printed in the Federal Register. The Federal Register is updated daily and organized by agency. The Federal Register notice gives the time, place, nature of rulemaking, legal authority and text of the proposed rule.
Some agencies allow public hearings on proposed regulations after the close of the comment period.
Hearings may be in Washington, D.C., or at field locations around the country. The Federal Register will have notices of theses hearings. The agency usually requires written requests to appear at the hearings. At the hearing, witnesses are allowed to testify and participate in a question and answer session with agency personnel. The agency must review the comments and take them into account.