Administrative Regulations, Decisions, and Guidance
Survey the various authorities that might originate from an administrative agency and which are (and are not) binding, emphasizing regulations, binding administrative decisions or adjudications, and various types of informal policy guidance.
Welcome to Administrative Regulations, Decisions, and Guidance! Here, we briefly survey the sources of law, or legal authorities, that originate with executive-branch administrative agencies. Our discussion will focus on the principles that apply at the federal level.
As you know, Congress routinely delegates, to executive-branch administrative agencies, authority not only to make quasi-legislative rules, but also to issue orders and opinions that decide specific controversies in a...