The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

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The APA (Administrative Procedure Act) distinguishes between formal rulemaking, which requires a formal hearing process with a complete transcript (as mandated by the enabling statute when it uses language like "on the record after opportunity for an agency hearing"), and informal rulemaking, which generally involves a notice-and-comment process without the need for a formal hearing.

The APA Requires Informal Rule Making When an Enabling Statute