Final answer:
It is a common misconception that a public hearing is required for all formal rule-making processes. In practice, most federal rules involve a notice and comment period without mandatory hearings, unless specifically required by law or deemed necessary.
Step-by-step explanation:
If an administrative agency tries to establish a new rule through the formal rule-making process, it is often believed that a public hearing is necessary. In the United States, most federal rules are adopted through a process known as "notice and comment rulemaking", which precedes the formal rule-making stage. However, the belief that a public hearing is mandatory is not accurate for all situations.
Under the notice and comment rulemaking process, an agency publishes a proposed rule in the Federal Register to allow for public comment. This does not automatically mean a public hearing is needed; a hearing is just one way to solicit comments. The Administrative Procedure Act generally requires agencies to give notice of proposed rulemaking and to afford interested persons an opportunity to participate. This participation usually occurs via submitting written comments, though sometimes a hearing may be utilized if found necessary by the agency or required by law.
The process aims to create an open bureaucratic system by considering various stakeholders' perspectives before implementing new regulations. Agencies are also encouraged to use other methods of rulemaking, like negotiated rulemaking, to build consensus and expedite the process, which may include direct public involvement leading up to the rule proposal.