Which type of rule typically requires notice-and-comment under the APA?

Which type of rule typically requires notice-and-comment under the APA?

• A. Legislative rules
• B. Interpretive rules
• C. Neither requires it
• D. Both require it

Answer: (A)

Under the APA, notice-and-comment is required for rules that have the force of law and apply generally—these are legislative rules. They create new rights or obligations or change existing standards, so the agency must publish a proposed rule, invite public comment, and then issue a final rule after considering those comments. Interpretive rules, by contrast, merely interpret or clarify how existing statutes or regulations should be understood and do not impose new duties; they are typically exempt from the notice-and-comment requirement. So the rule type that typically requires notice-and-comment is legislative rules.

Under the APA, notice-and-comment is required for rules that have the force of law and apply generally—these are legislative rules. They create new rights or obligations or change existing standards, so the agency must publish a proposed rule, invite public comment, and then issue a final rule after considering those comments. Interpretive rules, by contrast, merely interpret or clarify how existing statutes or regulations should be understood and do not impose new duties; they are typically exempt from the notice-and-comment requirement. So the rule type that typically requires notice-and-comment is legislative rules.