Supplemental Rules for Restrictions Dispute Resolution Policy

(the "Supplemental RDRP Rules")

1. Purpose. Administrative proceedings for the resolution of disputes under the Restrictions
Dispute Resolution Policy ("RDRP"; <URL>) shall be governed by the Rules for Uniform
Domain Name Dispute Resolution Policy ("UDRP Rules"; ) as supplemented or modified by
these Supplemental Rules for Restrictions Dispute Resolution Policy (the "Supplemental
RDRP Rules") and any supplemental rules of the dispute resolution service provider
administering the proceedings.
2. Definitions. Defined terms in the UDRP Rules shall have the same meaning in these
Supplemental RDRP Rules, subject to the following:
(a) Complaint based on UDRP and RDRP. If a complaint is based on the UDRP and the
RDRP, the term "Policy" shall refer to the Uniform Domain Name Dispute Resolution Policy
("UDRP") and the RDRP, and the term "Rules" shall refer to the UDRP Rules as
supplemented or modified by these Supplemental RDRP Rules.
(b) Complaint based on the RDRP alone. If a complaint is based on the RDRP alone, the
term "Policy" shall refer to the RDRP, and the term "Rules" shall refer to the UDRP Rules as
supplemented or modified by these Supplemental RDRP Rules.
3. RDRP Grounds. A complaint pursuant to the RDRP (whether or not also based on
the UDRP) shall describe, in accordance with Paragraph 4(a)-(c), the grounds on which the
complaint is made including, in particular, the extent to which the domain name is not being
or will not be used primarily for a bona fide business or commercial purpose.
Interpretative Rules
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Interpretative rule is one among the categories of rules developed by administrative agencies in the
exercise of lawmaking powers. When the legislature finds areas in statutes where it is impractical for
lawmakers to apply expertise, it delegates the lawmaking function to administrative agencies. The
Administrative Procedure Act (APA) is the law under which administrative agencies create rules and
regulations necessary to implement and enforce major legislative acts. The federal APA categorizes
administrative rules as legislative rules, interpretive rules, procedural rules, and general statements of
policy.
Interpretative rules are rules issued by an administrative agency to clarify or explain existing laws or
regulations. An interpretative rule does not attempt to create a new law or modify existing ones.[i]
The rule only provides clarifications or explanations to a statute or regulation.[ii] Interpretative rules
create no enforceable rights and only remind affected parties of existing duties. The rules merely
state how an agency understands a statute. Interpretative rules only interpret the statute and thus
guide the administrative agency in performing its duties. An interpretative statement simply indicates
an agencys reading of a statute.[iii]
Some examples of interpretative rules are agency manuals, guidelines, and memoranda of
administrative agencies.
Generally, the APA provides that the public should be informed about rules created. Therefore, notice
on the rule is to be published and comments received from the public should be applied to the rules if
they are not against government policy. However, an interpretive rule does not have to meet the
requirements concerning notice to the public and opportunity for comment set out in the APA.[iv] This
is because an interpretive rule does not have the force of law.
When an administrative agency has an obligation to enforce or administer a statute, the agency will
have the power to create interpretative rules that explain the procedure to enforce the statute.
Administrative agencies create interpretative rules when there is confusion and disagreement over the
meaning of a statute and when the ambiguity should be clarified. An interpretative rule can be
identified by lack of complexity, and lack of drastic subsequent changes brought forward by the rule.
But the major criterion that distinguishes an interpretative rule from the other rules is an agencys
incapability to enforce the rule.
- See more at: http://administrativelaw.uslegal.com/administrative-agency-
rulemaking/interpretative-rules/#sthash.LtwjS0KN.dpuf Elbert Blakely and Henry Schlinger
Copyright and License information
This article has been cited by other articles in PMC.
Abstract
Behavior analysts have traditionally defined rules as discriminative stimuli. Three problems
with this interpretation are discussed. First, because the effects of rules are often delayed,
and the effects of discriminative stimuli are immediate, classifying rules as discriminative
stimuli violates the definitional requirements of the latter. Second, when rules are defined
as discriminative stimuli, other truly unique effects of rules may be obscured. Finally, both
rules and contingencies develop new behavioral relations; however, when rules are
interpreted as discriminative stimuli, their effects are not readily compared with those of
contingencies. As an alternative, we suggest that rules be interpreted as function-altering
contingency-specifying stimuli. Implications of this function-altering interpretation for
terminology and research strategy are discussed.
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