What is the difference between legislative rules and interpretive rules in NY APA?

What is the difference between legislative rules and interpretive rules in NY APA?

• A. Interpretive rules create new burdens and require notice.
• B. All rules require formal notice and hearing.
• C. Legislative rules create new rights, duties, or obligations and require formal notice and hearing; interpretive rules interpret existing law and generally do not create new burdens.
• D. Legislative rules have no impact on rights.

Answer: (C)

Under NY APA, rules are categorized by whether they create new rights, duties, or obligations or merely interpret what the statute already requires. Legislative rules are the ones that create new rights, duties, or obligations, and they must go through formal notice and a hearing. Interpretive rules interpret existing law; they do not ordinarily impose new burdens, and they generally do not require formal notice and hearing in the same way. The statement that best fits this distinction is that legislative rules create new rights and require notice and hearing, while interpretive rules interpret existing law and generally do not create new burdens. The other options misstate either the effect of interpretive rules or the procedural requirements.

Under NY APA, rules are categorized by whether they create new rights, duties, or obligations or merely interpret what the statute already requires. Legislative rules are the ones that create new rights, duties, or obligations, and they must go through formal notice and a hearing. Interpretive rules interpret existing law; they do not ordinarily impose new burdens, and they generally do not require formal notice and hearing in the same way. The statement that best fits this distinction is that legislative rules create new rights and require notice and hearing, while interpretive rules interpret existing law and generally do not create new burdens. The other options misstate either the effect of interpretive rules or the procedural requirements.