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An interpretive rule is a document produced by the agency to explain regulations it has promulgated or to explain the meaning of a statute that it administers. The APA allows the agency to forgo notice-and-comment procedures in the case of interpretive rules.

Occasionally an agency will use the guise of an interpretive rule to add new content or changes to an existing regulation. In these cases, a challenger may persuade a reviewing court to invalidate the interpretation for failing to follow notice-and-comment rulemaking.


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