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FUNK FINAL 12/9/2002 12:32 PM 659 WHEN IS A “RULE” A REGULATION? MARKING A CLEAR LINE BETWEEN NONLEGISLATIVE RULES AND LEGISLATIVE RULES WILLIAM FUNK* Legislative rules have the force and effect of law. Nonlegislative rules do not. As a result, legislative rules qualify for Chevron deference,1 while generally nonlegislative rules do not.2 Generally, legislative rules are subjeec to the notice-and-comment rulemaking requirements of 5 U.S.C. § 553,3 as well as additional requirements contained in a...

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