Administrative Law & Regulations Flashcards

Under APA § 553, which type of agency rule is exempt from notice-and-comment procedures?

Answer: An interpretive rule clarifying an existing statute

Section 553(b)(A) exempts interpretive rules, general statements of policy, and procedural rules from notice and comment.

An agency's final rule differs significantly from its proposed rule. The final rule is most likely valid if:

Answer: The final rule is a logical outgrowth of the proposed rule

Courts uphold changes when the final rule is a logical outgrowth of the proposal, giving fair notice to interested parties.

An agency may skip notice-and-comment under the APA's 'good cause' exception when it finds those procedures are:

Answer: Impracticable, unnecessary, or contrary to the public interest

Section 553(b)(B) permits bypassing notice and comment when the agency finds them impracticable, unnecessary, or contrary to the public interest.

Under United States v. Florida East Coast Railway, formal rulemaking under APA §§ 556–557 is required when the enabling statute:

Answer: Requires rules to be made 'on the record after opportunity for an agency hearing'

The Court held that only the specific 'on the record' language triggers formal rulemaking.

In Vermont Yankee Nuclear Power Corp. v. NRDC, the Supreme Court held that reviewing courts:

Answer: Generally may not impose rulemaking procedures beyond those required by the APA or statute

Vermont Yankee bars courts from imposing procedural requirements beyond the APA, the enabling statute, and the Constitution.

In Perez v. Mortgage Bankers Association (2015), the Supreme Court held that an agency changing a definitive interpretive rule:

Answer: Need not use notice-and-comment procedures

The Court rejected the Paralyzed Veterans doctrine, holding interpretive rules may be amended without notice and comment.

Absent an exception, how far in advance of its effective date must a substantive rule be published under APA § 553(d)?

Answer: 30 days

Section 553(d) requires publication at least 30 days before the effective date, subject to listed exceptions.