Q Our board did not adopt certain proposed amendments to its rules and regulations, but those amendments were erroneously filed with the Secretary of State under the Administrative Procedures Act (APA). Now they appear in the Administrative Code, although the board wishes to review and possibly change them. Are they effective, even though the board never formally adopted them?

A No. The APA is procedural and cannot independently grant legal validity to regulations not adopted by the governing board of an agency. To be enforceable, such regulations must be voted on and adopted by the board on its minutes, and the procedures of the APA followed thereafter in filing said regulations. (Attorney Generalís Opinion to Miles, August 3, 2017)