It has been established in a variety of contexts that properly promulgated, substantive agency regulations have the “force and effect of law.” Chrysler Corp. v. Brown, 441 U.S. 281, 295 (1979). For a federal agency rule to have the “force and effect of law,” three basic requirements must be met:
1. The rule must be a “substantive rule” affecting individual rights and obligations.
2. The quasi-legislative authority to issue the rule must be rooted in a grant of such power by the Congress subject to constitutional and statutory limitations.
3. Promulgation of the rule must conform with any statutory procedural requirements.
Id. at 301–03. An important advantage of agency rulemaking over adjudication is that it facilitates broad policy-making because rules apply to all affected parties...
