Hybrid Rulemaking (Recommendations)

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The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975, Pub. L. 93-637, established special procedures for the adoption of trade regulation rules by the Federal Trade Commission. The Act also created a program for the reimbursement of the expenses of participants in trade regulation rulemaking who qualify for funding under criteria set forth in that...

The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act, P.L.  93-637, which established procedures for the Federal Trade Commission’s promulgation of trade regulation rules, also authorized the Commission to “provide compensation for reasonable attorneys fees, expert witness fees, and other costs of participating” in those proceedings. The statute (15 U.S.C. §...

The Conference’s Recommendation 72-5 stated that in rulemaking of general applicability involving substantive rules “Congress ordinarily should not impose mandatory procedural requirements other than those required by 5 U.S.C. § 553,” and that “Congress should never require trial-type procedures for resolving questions of policy or of broad or general fact.” Paragraph 5 of...

The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act, P.L. 93-637, which became effective January 5, 1975, provides authority and procedures for the Federal Trade Commission’s promulgation of “trade regulation rules.” The statute requires the Commission to engage in “hybrid” rulemaking, a style which adds to the notice-and-comment requirements for “informal...