What are the elements of administrative rulemaking?

In Georgia, administrative rulemaking is the process used to create laws, regulations, and executive orders for public government bodies. This process is governed by the Georgia Administrative Procedures Act (APA), which sets out the elements of administrative rulemaking. The first element of administrative rulemaking is the notice of the proposed rule. The APA requires the government body to publish notice of the proposed rule in the Georgia Register, giving the public an opportunity to comment on the proposed rule before it becomes effective. The second element is the public hearing. The public hearing is a forum for the affected public to express their opinions, concerns, and objections for the proposed rule. The government body must consider the input from the public hearing before promulgating the rule. The third element is the publication of the rule. The government body must publish the final version of the rule in the Georgia Register after making any changes based on the public hearing. The publication must include a brief explanation on how the public can obtain a copy of the final rule. The fourth element is the effective date. The government body must specify a date when the rule becomes effective and binding. The effective date must allow enough time for the affected public to become aware of, and comply with, the rule. The fifth and final element is the review of the rule. The APA requires the government body to review the rule periodically to ensure that it is still meeting its intended purpose. The government body may make changes to the rule if necessary, but it must follow the regular administrative rulemaking process when doing so.

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