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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)

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

Other Sections in This Document (40)

Full Text

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Section 10.1 requires HUD to proceed by notice and comment rulemaking whenever it promulgates a substantive rule. HUD maintains that section 10.1 does not apply here because the determination that Washington's eviction procedures meet regulatory due process standards is not a rule at all, but instead is an order stemming from an informal adjudication. We find little support for this position, even under the most deferential standard of review. See United States v. Larionoff, 431 U.S. 864, 872, 97 S.Ct. 2150, 2155, 53 L.Ed.2d 48 (1977) (agency's interpretation of its own regulation must be upheld unless plainly erroneous or inconsistent with the regulation). A rule is: