Define: Informal Agency Action

Informal agency action refers to actions taken by government agencies that do not involve formal rulemaking or adjudication processes. These actions are typically less formal and do not require public notice or comment.

Informal agency actions can include issuing guidance documents, policy statements, interpretive rules, and letters of advice. These actions are often used by agencies to provide clarification or guidance on existing laws and regulations.

Informal agency actions are generally not legally binding. However, they can still carry significant weight and may be considered persuasive in interpreting laws and regulations.

Yes, informal agency actions can be challenged in court if they are found to be arbitrary, capricious, or in violation of the law. However, the standard of review for informal actions is typically less stringent than for formal agency actions.

Yes, informal agency actions can be used as a defence in legal proceedings if they support a party’s position or interpretation of the law. However, their persuasive value may vary depending on the specific circumstances of the case.

Individuals and businesses can generally rely on informal agency actions as guidance in understanding how agencies interpret and apply laws and regulations. However, it is important to note that informal actions do not have the same legal force as formal regulations or statutes.

Informal agency actions can be overturned or revoked by the agency itself or through judicial review. However, the process for overturning or revoking informal actions may be less formal and may not require the same level of public notice and comment as formal rulemaking.

Yes, there are limitations on the use of informal agency actions. Agencies must still act within the scope of their statutory authority, and their actions must be consistent with the Constitution and other applicable laws.

Informal agency actions generally cannot create new legal obligations. They are typically used to provide guidance and clarification on existing laws and regulations rather than to establish new legal requirements.

Individuals and businesses can stay informed about informal agency actions by regularly monitoring agency websites, subscribing to agency newsletters or email updates, and participating in public comment periods for proposed actions. Additionally, legal professionals and industry associations often provide updates and analysis on agency actions that may impact specific sectors.