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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 10

Citation
Section 10
Parent Document
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Effective Date
1994-09-12

Full Text

659 chars
We similarly reject HUD’s contention that, even if its decision was a rule, it was interpretive, not substantive, and thus notice and comment procedures were not required. See 24 C.F.R. § 10.1 (excluding interpretive rules from notice and comment requirements). Interpretive rules “simply clarify or explain existing law or regulations.” Linoz v. Heckler, 800 F.2d 871, 877 (9th Cir.1986). They do not conclusively affect the rights of private parties. Id. Substantive rules, in contrast, create rights, impose obligations, or effect a change in existing law pursuant to authority delegated by Congress. See Alcaraz v. Block, 746 F.2d 593, 613 (9th Cir.1984).