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LSDefine

Simple English definitions for legal terms

substantive rule

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A quick definition of substantive rule:

A substantive rule is a type of administrative rule created by an agency with the authority to make laws. This type of rule has the same legal force as a law and is also known as a legislative rule. It is different from an interpretative rule, which only explains how an existing law should be interpreted. Legislators are the people who make laws within a specific area, and they are also known as lawmakers.

A more thorough explanation:

A substantive rule is a type of administrative rule created by an agency's exercise of delegated quasi-legislative authority. This means that the agency has the power to create rules that have the force of law.

For example, the Environmental Protection Agency (EPA) may create a substantive rule that sets limits on the amount of pollution that a factory can emit into the air or water. This rule would have the force of law and would be enforceable by the EPA.

Another example of a substantive rule is the Federal Communications Commission's (FCC) net neutrality rule. This rule requires internet service providers to treat all internet traffic equally, without giving preferential treatment to certain websites or services. This rule has the force of law and is enforceable by the FCC.

Overall, substantive rules are important because they allow agencies to create regulations that have the same legal weight as laws passed by Congress. This helps ensure that important issues, such as environmental protection and internet access, are regulated in a consistent and fair manner.

substantive right | substantive unconscionability

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