When is a prospective agency rule typically reviewable?

When is a prospective agency rule typically reviewable?

• A. Immediately after publication of the proposed rule.
• B. During the public comment period.
• C. Only after the rule is issued as a final rule.
• D. Review is never allowed for proposed rules.

Answer: (C)

In admin law, the key idea is that courts review final agency actions, not proposed ones. A rule that is still proposed or under public comment is not binding and can be revised, so there is no final agency action for a court to review. The typical path to judicial review is when the agency has issued and published a final rule; at that point a challenge under the Administrative Procedure Act becomes available. While a rule is only proposed, you’re not at a stage where the agency’s action has final effect, so review isn’t available. That’s why the best answer is that reviewable challenges generally arise after the rule is issued as a final rule.

In admin law, the key idea is that courts review final agency actions, not proposed ones. A rule that is still proposed or under public comment is not binding and can be revised, so there is no final agency action for a court to review. The typical path to judicial review is when the agency has issued and published a final rule; at that point a challenge under the Administrative Procedure Act becomes available. While a rule is only proposed, you’re not at a stage where the agency’s action has final effect, so review isn’t available. That’s why the best answer is that reviewable challenges generally arise after the rule is issued as a final rule.