What are the differences between a legislative and an administrative rule?

Administrative rules and legislative rules are two distinct legal instruments used in North Carolina to regulate citizens and businesses. Legislative rules are created by the North Carolina General Assembly and are intended to serve as the main source of law. Legislative rules can be used to create entire regulatory schemes, such as the North Carolina Administrative System, as well as to amend existing laws, like the North Carolina Constitution. Administrative rules, on the other hand, are created by the executive branch of state government and serve as a secondary source of law. Administrative rules are intended to add detail and specificity to the general laws created by the General Assembly. An important distinction between legislative and administrative rules is that legislative rules require approval from the North Carolina General Assembly before they can become law. This means that a legislative rule must be voted on and passed by both the North Carolina House and Senate before it becomes binding. Administrative rules, by contrast, require only approval from the executive branch. This means that an administrative rule can be created and implemented without having to go through the legislative approval process. Another key difference between the two is that legislative rules often have the power to override administrative rules. This means that if a conflict arises between a legislative rule and an administrative rule, the former will always prevail over the latter. On the other hand, administrative rules usually do not have the power to override legislative rules. Overall, legislative rules are generally much more powerful than administrative rules. While both can be used to regulate citizens and businesses, it is important to understand the differences between the two and the different types of power and authority they possess in order to ensure compliance with the law.

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