An interpretative rule is an administrative rule that provides an explanation of how a government agency interprets a law. Its purpose is to assist individuals in comprehending the agency’s approach to law enforcement and determining permissible or prohibited actions. It should be noted that this type of rule differs from a legislative rule, as the latter is established by the agency itself and carries the weight of law.
An interpretative rule is an administrative rule that outlines an agency’s interpretation of a statute, providing guidance on how it understands and applies the law. Unlike legislative rules, which have the force of law and are created through a formal rulemaking process, interpretative rules do not have the force of law but still offer important guidance on how an agency will interpret and apply a statute. For example, the Environmental Protection Agency (EPA) may issue an interpretative rule to explain its interpretation of a provision of the Clean Air Act, providing guidance to the public on how the EPA will enforce the law.
An interpretative rule is a type of administrative rule that provides guidance on how a law or regulation should be interpreted and applied. It helps clarify the intent and scope of the law.
While both types of rules are issued by administrative agencies, interpretative rules do not create new legal obligations or rights. They simply provide an agency’s interpretation of existing laws or regulations. Legislative rules, on the other hand, have the force of law and can create new legal obligations.
Interpretative rules are generally considered persuasive rather than binding. However, courts often give deference to an agency’s interpretation of a law or regulation if it is reasonable and consistent with the agency’s expertise.
Yes, interpretative rules can be challenged in court if they are believed to be arbitrary, capricious, or contrary to law. However, the standard of review for interpretative rules is usually less stringent than for legislative rules.
No, interpretative rules cannot be used to change existing laws or regulations. They can only provide guidance on how those laws or regulations should be understood and applied.
Yes, interpretative rules can be relied upon in legal proceedings as persuasive authority. However, their weight and influence may vary depending on the specific circumstances and the court’s interpretation.
No, interpretative rules cannot be challenged through the rulemaking process. However, they can be challenged in court through a separate legal action.
Yes, interpretative rules can be issued by any administrative agency that has the authority to interpret and enforce the laws or regulations within its jurisdiction.
In general, interpretative rules are not intended to have retroactive effect. However, there may be exceptions where retroactive application is necessary to achieve the intended purpose of the rule or to correct a previous misinterpretation.
Yes, interpretative rules can be repealed or modified by the issuing agency through the same rulemaking process used to create them. However, agencies must follow proper procedures and provide a reasonable justification for any changes made.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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