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Flashcards in Rulemaking Deck (3)
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1

Rulemaking

Quasi-legislative function by which agencies promulgate rules that prospectively govern ALL PERSON OR ENTITIES subject to agency's jurisdiction

2

Substantive Rule Characteristics

An agency directive is a substantive rule if it:

(1) Is a statement of GENERAL APPLICABILITY to a class;

(2) Applies PROSPECTIVELY;

(3) Applies as though it HAS EFFECT OF LAW; and

(4) AFFECTS SUBSTANTIVE RIGHTS of the class

3

Administrative Rules and Procedures Act (ARPA)

Governs agency rulemaking