Agency Guidance Through Interpretive Rules

This project addresses the extent to which the best practices for policy statements adopted in Recommendation 2017-5, Agency Guidance Through Policy Statements, should extend to interpretive rules. The project examines the legal differences, if any, between policy statements and interpretive rules and the extent to which agencies treat the two instruments as distinct. It explores whether and how Recommendation 2017-5’s best practices for policy statements (including enhanced transparency, increased public participation, and explicit identification of guidance as non-binding) should apply to interpretive rules and, if not, what best practices should agencies follow in the case of interpretive rules.


Staff Counsel

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