What is the primary difference between formal rulemaking and the issuance of an interpretive rule by an agency?
Explanation
The key distinction lies in legal effect and procedure. Formal (legislative) rules, created through notice-and-comment, have the force of law. Interpretive rules are statements of an agency's interpretation of existing law, are not legally binding on their own, and are exempt from the formal rulemaking process.
Other questions
What is the primary role of an administrative agency when a legislature, such as Congress, enacts a general statute like the Clean Air Act?
How does enabling legislation relate to the powers of an administrative agency?
What is the most significant difference between executive agencies and independent regulatory agencies regarding their accountability?
Under the Administrative Procedure Act (APA), which of the following is a reason a court might find an agency's action to be 'arbitrary and capricious'?
What is the primary function of the Federal Register in the context of administrative rulemaking?
What does the holding in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. require courts to do when reviewing an agency's interpretation of a statute?
What is a subpoena duces tecum in the context of an agency investigation?
According to the Supreme Court's ruling in Marshall v. Barlow's, Inc., what right does the Fourth Amendment provide in the context of administrative inspections?
What is the role of an Administrative Law Judge (ALJ) in a formal agency adjudication?
What is the exhaustion doctrine in administrative law?
What is the purpose of the Freedom of Information Act (FOIA)?
Under what circumstances is a closed agency meeting permitted under the Government in the Sunshine Act?
What does the Regulatory Flexibility Act require an agency to do when a new regulation will have a significant impact on many small entities?
What power does the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 give to Congress regarding new federal regulations?
In the case Fox Television Stations, Inc. v. Federal Communications Commission, what was the FCC's 'first blow' theory intended to justify?
In the Hemp Industries Association case, why did the court find that the Drug Enforcement Administration (DEA) had failed to follow the proper procedure for placing nonpsychoactive hemp in Schedule I?
What is the ripeness doctrine, and how does it limit judicial review of agency actions?
How did the Supreme Court's decision in United States v. Mead Corporation limit the scope of Chevron deference?
Which of the following is a power given to the Federal Trade Commission (FTC) by its enabling legislation, the Federal Trade Commission Act of 1914?
What is the relationship between the Federal Register and the Code of Federal Regulations (C.F.R.)?
A formal adjudicatory hearing before an administrative agency most closely resembles what other type of proceeding?
What is a significant difference between evidence admissible in a court trial and evidence admissible in a formal administrative hearing?
What is the immediate outcome if neither party appeals an initial order from an Administrative Law Judge (ALJ)?
Which of the following is NOT one of the three basic steps in notice-and-comment rulemaking?
According to Exhibit 43-2, the U.S. Fish and Wildlife Service and the National Park Service are subagencies within which executive department?
What is the primary function of the National Labor Relations Board (NLRB) as described in Exhibit 43-3?
How long must an agency wait after publishing a notice of proposed rulemaking before a final rule can be issued?
What does the legal principle of standing require a party to demonstrate before challenging an agency action in court?
Which of the following documents are NOT exempt from disclosure under the Freedom of Information Act (FOIA)?
How many days does an agency have to respond to a request made under the Freedom of Information Act (FOIA)?
Executive control over administrative agencies is exercised in part through the president's power to do what?
What is the primary purpose of a 'legislative rule' issued by an administrative agency?
In the context of the Administrative Procedure Act (APA), what does 'rulemaking' refer to?
The Environmental Protection Agency (EPA) and the Nuclear Regulatory Commission (NRC) are examples of which type of agency?
The Occupational Safety and Health Administration (OSHA) is a subagency within which Executive Department?
Which of the following is NOT a factor a court would consider when determining if an agency is abusing its discretion in a demand for information?
What is the purpose of the comment period in notice-and-comment rulemaking?
Under what conditions can a federal agency conduct a warrantless search of a business?
What are 'ex parte' communications in the context of an agency adjudication, and how does the APA treat them?
The Food and Drug Administration (FDA) is listed as a subagency of which executive department in Exhibit 43-2?
What is the maximum number of years of imprisonment specified in 18 U.S.C. Section 1464 for uttering indecent or profane language via radio communication, as cited in the Fox Television case?
In the case Fox Television Stations, Inc. v. FCC, why did the court reject the FCC's justification for its new policy on fleeting expletives?
When a federal agency creates a new rule, how are its legal authority and the terms of the rule formally communicated to the public?
What power does the president's Office of Information and Regulatory Affairs (OIRA) have over agency rules?
Which action constitutes a legislative control over agency powers?
Within how many days of a final rule's submission to Congress can it pass a joint resolution of disapproval under the Small Business Regulatory Enforcement Fairness Act (SBREFA)?
What is the primary effect of a 1996 amendment to the Freedom of Information Act (FOIA) regarding electronic records?
Which of these independent regulatory agencies was established in 1970 to undertake programs aimed at reducing air and water pollution?
Which of the following is a primary duty of the Federal Reserve System Board of Governors (Fed) according to Exhibit 43-3?