Which statement best describes the difference in deference between interpretive rules and legislative rules?

Which statement best describes the difference in deference between interpretive rules and legislative rules?

• A. Interpretive rules receive less deference than legislative rules.
• B. Interpretive rules receive more deference than legislative rules.
• C. Both receive identical deference.
• D. Neither is subject to judicial review.

Answer: (A)

When courts review agency actions, they treat legislative rules and interpretive rules differently. Legislative rules are formal exercises of the agency’s lawmaking power that create or modify rights and obligations and are issued after notice-and-comment procedures. Because they have the force of law, courts give them a higher level of deference to the agency’s policy judgments and statutory interpretation. Interpretive rules, by contrast, simply explain how the agency intends to apply existing law or its own regulations; they do not create new rights or obligations. As a result, those interpretations are entitled to less deference—the agency’s view is persuasive but not as binding as with legislative rules. Judicial review can still occur for both, but the degree of deference differs, with interpretive rules receiving less.

When courts review agency actions, they treat legislative rules and interpretive rules differently. Legislative rules are formal exercises of the agency’s lawmaking power that create or modify rights and obligations and are issued after notice-and-comment procedures. Because they have the force of law, courts give them a higher level of deference to the agency’s policy judgments and statutory interpretation. Interpretive rules, by contrast, simply explain how the agency intends to apply existing law or its own regulations; they do not create new rights or obligations. As a result, those interpretations are entitled to less deference—the agency’s view is persuasive but not as binding as with legislative rules. Judicial review can still occur for both, but the degree of deference differs, with interpretive rules receiving less.