Which type of regulation must undergo a formal rule-making process according to the Administrative Procedure Act?

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Legislative regulations are those that create, change, or withdraw rights or duties under the law, and they must undergo a formal rule-making process as outlined in the Administrative Procedure Act (APA). This is because legislative regulations have the authority to establish rules that affect the general public and require public participation and transparency.

The APA is designed to ensure that the process of making regulations is conducted openly, allowing for public comment and input before the rule is finalized. This formal rule-making process involves several steps, including publishing a notice of proposed rule-making, allowing for comments from the public, and then publishing the final rule with responses to those comments.

While other types of regulations, such as interpretive regulations and procedural regulations, may not require the same level of formal process, legislative regulations do due to their significant impact on statutory obligations. This adherence to a structured protocol ensures that agencies remain accountable and that the affected parties have a chance to contribute to the regulatory framework that governs them.

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