In the text case Perez v.Mortgage Bankers Association,the Department of Labor withdrew an opinion letter and issued an Administrator's Interpretation.The plaintiff filed suit claiming the Administrator's Interpretation was procedurally invalid based on prior case law which holds that an agency must use the APA's notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from a previously adopted interpretation.Which of the following was the result?

Question

Quizplus · Accepted Answer

A)The U.S.Supreme Court held,Section 1 of the APA requires agencies to use the
same procedures when they amend or repeal a rule as they used to issue the rule,but it does not say what procedures an agency must use when it engages in rule making.That is the purpose of §4,which specifically exempts interpretive rules from notice-and-comment requirements.Because an agency is not required to use notice-and-comment procedures to issue an initial interpretive rule,it is also not required to use those procedures to amend or repeal that rule.

In the Text Case Perez V