Which type of administrative rule arises from statutory delegation and has the force of law?

• A. Procedural rule
• B. Legislative rule
• C. Interpretative rule
• D. Advisory rule

Answer: (B)

When an agency is given authority by statute to create rules, the rules that result and carry the force of law are legislative rules. These are binding on the public because they create new rights or duties and are the product of formal rulemaking designed to implement or enforce the statute.

This contrasts with interpretative rules, which simply explain how the agency intends to apply the statute and do not create additional obligations beyond what the statute already requires. Procedural rules govern the agency’s internal processes or the steps for how rules are made, hearings, notices, and similar matters. Advisory rules provide nonbinding guidance or opinions and do not impose legal obligations on the public.

So, when you see a rule that arises from statutory delegation and has the force of law, that’s a legislative (substantive) rule.