What happens if an agency fails to follow proper rulemaking procedures?

When an agency fails to adhere to proper rulemaking procedures, the consequence is that the rule may not be considered binding. This aligns with the principle of administrative law, which stipulates that agencies must follow specific statutory procedures during the rulemaking process, often including public notice and the opportunity for comment. If these procedures are not followed, the rule may be subject to legal challenge.

Courts may review potentially improper rulemaking and determine that the rule lacks enforceability due to procedural deficiencies. Thus, the ruling creates a scenario where impacted parties could challenge the legitimacy of the rule, arguing that procedural requirements were not met, leading to its potential invalidation.

Other options suggest automatic invalidation or enforceability, which are not accurate outcomes. Penalties against the agency are not the primary consequence of improper rulemaking; instead, the focus lies on the validity and binding nature of the rules themselves.