Rulemaking

Question 1

Rulemaking

Answer 1

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

Question 2

Substantive Rule Characteristics

Answer 2

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

Question 3

Administrative Rules and Procedures Act (ARPA)

Answer 3

Governs agency rulemaking