How must an agency rule or regulation be enacted under SAPA?

How must an agency rule or regulation be enacted under SAPA?

• A. In substantial compliance with procedural requirements of SAPA.
• B. In exact compliance with all SAPA provisions.
• C. By informal directive from the agency head.
• D. Through a legislative vote.

Answer: (A)

Under SAPA, agency regulations are valid when the agency follows the procedural steps and does so in substantial compliance. This means the key requirements—notice of proposed rulemaking and an opportunity for public comment (and a hearing if required), plus ultimately filing the final rule with the Secretary of State for publication in the State Register—must be met in substance. The standard isn’t exact, word-for-word perfection of every rule, but the essential procedures must be satisfied; minor technical deviations that do not undermine the process are typically permissible. An informal directive from the agency head or a mere legislative vote is not how SAPA-regulated rules are enacted.

Under SAPA, agency regulations are valid when the agency follows the procedural steps and does so in substantial compliance. This means the key requirements—notice of proposed rulemaking and an opportunity for public comment (and a hearing if required), plus ultimately filing the final rule with the Secretary of State for publication in the State Register—must be met in substance. The standard isn’t exact, word-for-word perfection of every rule, but the essential procedures must be satisfied; minor technical deviations that do not undermine the process are typically permissible. An informal directive from the agency head or a mere legislative vote is not how SAPA-regulated rules are enacted.