A legislative rule, also known as a substantive rule, is an administrative rule created by an agency with law-making authority. It carries the same weight as a law and must be adhered to by those impacted by it. In contrast, an interpretative rule merely provides guidance on how a law should be understood.
A legislative rule, also known as a substantive rule, is a type of administrative rule that carries the force of law and is created by a government agency’s exercise of delegated quasi-legislative authority. It differs from an interpretative rule. For example, the Clean Air Act was created by the Environmental Protection Agency (EPA) to regulate air pollution, and the Affordable Care Act was created by the Department of Health and Human Services (HHS) to regulate healthcare. These examples demonstrate how legislative rules are established by government agencies to regulate specific aspects of society, and they are enforceable by the government due to their quasi-legislative authority delegated by Congress.
A legislative rule is a regulation created by a government agency that has the force of law.
A legislative rule is created by a government agency, while a statute is created by the legislative branch of government (e.g. Congress).
Yes, a legislative rule can be challenged in court if it is believed to exceed the agency’s authority or violate the law.
Legislative rules are typically created through a process that includes public notice, opportunity for public comment, and review by the agency and possibly other government entities.
Yes, legislative rules can be changed or repealed by the agency that created them, or by an act of Congress.
Yes, legislative rules are subject to judicial review to ensure they comply with the law and the agency’s authority.
If a legislative rule conflicts with a statute, the statute generally takes precedence.
Yes, individuals or businesses can be penalized for violating a legislative rule, as it has the force of law.
You can challenge a legislative rule by filing a petition for judicial review or by participating in the agency’s rulemaking process.
Yes, agencies are generally limited by their enabling statutes and must follow certain procedures when creating legislative rules.
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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