the party receives actual and timely notice of the information or rule. For example, assume that the Department of State adopted a rule concerning the process for obtaining a passport. Immediately upon application for her passport, Shirley is given notice of the rules by the agency. Because she has been provided with actual notice, the rules may be used against her, regardless of the lack of publication. Note, however, that some courts may order publication to satisfy the purpose of informing the public while applying the rule against Shirley in her particular case.