PRIA, Government Policy, Made Personal

Summary

If a paper must be published in the Federal Register, it does not become legally effective against someone who did not actually know about it until the Office of the Federal Register files it and makes a public copy available for inspection. Unless another law says otherwise, filing a document that must or may be published is enough to give notice to people it affects, except where publication alone is legally not enough. When something appears in the Federal Register, it is assumed true unless proved otherwise: that it was properly issued, filed at the stated time, the printed copy matches the original, and all required procedures were followed. Courts must take notice of what the Federal Register contains, and it can be cited by volume and page.

Title 44, §1507

Public Printing and Documents, Source: USLM XML via OLRC

A document required by section 1505(a) of this title to be published in the Federal Register is not valid as against a person who has not had actual knowledge of it until the document has been filed with the Office of the Federal Register and a copy made available for public inspection as provided by section 1503 of this title. Unless otherwise specifically provided by statute, filing of a document, required or authorized to be published by section 1505 of this title, except in cases where notice by publication is insufficient in law, is sufficient to give notice of the contents of the document to a person subject to or affected by it. The publication in the Federal Register of a document creates a rebuttable presumption—

(1)that it was duly issued, prescribed, or promulgated;

(2)that it was filed with the Office of the Federal Register and made available for public inspection at the day and hour stated in the published notation;

(3)that the copy contained in the Federal Register is a true copy of the original; and

(4)that all requirements of this chapter and the regulations prescribed under it relative to the document have been complied with.

The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 307 (July 26, 1935, ch. 417, § 7, 49 Stat. 502).

Editorial Notes

Amendments

2025—Pub. L. 118–267, § 2(a)(2)(A), substituted “the document has been filed” for “the duplicate originals or certified copies of the document have been filed” in introductory provisions. Par. (2). Pub. L. 118–267, § 2(a)(2)(B), substituted “published” for “printed”.

§1507 Filing Document as Constructive Notice; Publication in Federal Register as Presumption of Validity; Judicial Notice; Citation