Agency Guidance Through Interpretive Rules

Recommendation 2019-1 – Agency Guidance Through Interpretive Rules identifies ways agencies can offer the public the opportunity to propose alternative approaches to those presented in an interpretive rule and to encourage, when appropriate, public participation in the adoption or modification of interpretive rules. It largely extends the best practices for statements of policy adopted in Recommendation 2017-5, Agency Guidance Through Policy Statements, to interpretive rules, with appropriate modifications to account for differences between interpretive rules and policy statements.

Citation: Admin. Conf. of the U.S., Recommendation 2019-1, Agency Guidance Through Interpretive Rules, 84 Fed. Reg. 38927 (Aug. 8, 2019).

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Agency Guidance Through Interpretive Rules

Recommendation number
2019-1
Adoption Date
Committees

The Administrative Procedure Act (APA) exempts policy statements and interpretive[1] rules from its requirements for the issuance of legislative rules, including notice and comment.[2] The Attorney General’s Manual on the Administrative Procedure Act defines “general statements of policy” as agency statements “is

Project Documents

Name Committee Type Date File
Agency Guidance Through Interpretive Rules Judicial Review Recommendation Download Agency Guidance Through Interpretive Rules
Proposed Recommendation on Agency Guidance Through Interpretive Rules CLEAN FOR PLENARY Judicial Review Recommendation Download Proposed Recommendation on Agency Guidance Through Interpretive Rules CLEAN FOR PLENARY
Member Comment Alan B. Morrison 6 4 2019 Judicial Review Comment Download Member Comment Alan B. Morrison 6 4 2019
Interpretive Rules Recommendation for Plenary Session REDLINE Judicial Review Recommendation Download Interpretive Rules Recommendation for Plenary Session REDLINE
Public Comment Terrie Barrie Judicial Review Comment Download Public Comment Terrie Barrie
Agency Guidance Through Interpretive Rules: Final Report Judicial Review Publication Download Agency Guidance Through Interpretive Rules: Final Report
Agency Guidance Through Interpretive Rules Proposed Recommendation from Committee Judicial Review Recommendation Download Agency Guidance Through Interpretive Rules Proposed Recommendation from Committee
Comment from Alan Morrison 4 16 2019 Judicial Review Comment Download Comment from Alan Morrison 4 16 2019
Comment from Nick Parrillo 4 17 2019 Judicial Review Comment Download Comment from Nick Parrillo 4 17 2019
Interpretive Rules Recommendation for Committee 3 25 2019 COMMITTEE EDITED VERSION Judicial Review Recommendation Download Interpretive Rules Recommendation for Committee 3 25 2019 COMMITTEE EDITED VERSION
Emerson Levin Memo for Committee on Judicial Review Judicial Review Memorandum Download Emerson Levin Memo for Committee on Judicial Review
Interpretive Rules Recommendation for Committee 4 18 2019 CLEAN Judicial Review Recommendation Download Interpretive Rules Recommendation for Committee 4 18 2019 CLEAN
Comment from Andrew Vollmer 4 5 2019 Judicial Review Comment Download Comment from Andrew Vollmer 4 5 2019
Comment from Ron Levin and Blake Emerson 3 31 2019 Judicial Review Comment Download Comment from Ron Levin and Blake Emerson 3 31 2019
Comment from Jonathan Siegel March 29, 2019 Judicial Review Comment Download Comment from Jonathan Siegel March 29, 2019
Agenda for Committee Meeting 4 1 2019 Judicial Review Agenda Download Agenda for Committee Meeting 4 1 2019
Draft Recommendation on Interpretive Rules for Committee Meeting 4 1 2019 Judicial Review Recommendation Download Draft Recommendation on Interpretive Rules for Committee Meeting 4 1 2019
Draft Report on Agency Guidance through Interpretive Rules Judicial Review Report Download Draft Report on Agency Guidance through Interpretive Rules
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