How do regulations created by an agency gain the force of law?

Regulations created by an agency gain the force of law primarily if they comply with procedural requirements. This process typically entails following the Administrative Procedure Act (APA), which governs the rulemaking procedures for federal agencies.

Agencies must provide notice of proposed rulemaking, conduct a public comment period, and then adopt a final rule which reflects consideration of those comments. Once these procedural steps have been duly followed, the agency regulation can attain legal authority and must be adhered to by the public and regulated entities.

In contrast, judicial confirmation generally pertains to the interpretation or enforcement of the law, rather than the initial creation of regulations. Public approval does not confer legal force; rather, regulations are legally binding based on the adherence to formal procedural guidelines, irrespective of public opinion. Finally, while an agency's administrative review could influence its rules, it does not establish the force of law by itself; it is the completion of procedural requirements that fulfills this role.