A South Carolina agency issues an internal guidance memo interpreting its own regulation without notice and comment. A regulated party challenges an enforcement action based on the memo, arguing it is an invalid regulation. The memo is most vulnerable if it:
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A
Creates a binding norm of general applicability rather than merely interpreting existing law
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B
Was signed by the agency director instead of the Governor
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C
Was distributed by email rather than certified mail
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D
Cites federal case law in addition to state law