Interpretive and substantive rules. What is the difference? Under the Administrative Procedures Act (APA) substantive regulations interpret statutes and federal agencies adopt them only after notice-and-comment. Interpretive rules and are promulgated without-notice and-comment. But what if an agency changes an interpretive rule; should it first seek notice and comment? The Supreme Court will decide this issue in Perez v. Mortgage Bankers Association.
The State and Local Legal Center (SLLC) argues yes in its amicus brief, which agrees with the lower court that significant changes to an interpretation of a regulation amounts to effectively changing the regulation, which requires notice-and-comment. Local governments frequently have been surprised by interpretive rules that have changed regulations. IMLA joined the SLLC’s brief. Continue reading