Also known as: administrative rules · agency rule · administrative regulation
Written by attorneys — see sources below.
A regulation promulgated by an administrative agency that carries the force of law. Such a rule elaborates statutory requirements or implements agency policy on matters within the agency's delegated authority.
Anika Anand leased a warehouse from Apollo Energy for storage operations. City regulations required reinforced guardrails on elevated platforms in buildings over twenty stories. Apollo Energy knew the existing rails violated the regulation yet made no repairs. When a worker fell through a weakened section, the violation established Apollo Energy's breach of the duty created by the administrative rule.
Avalon Pharmaceuticals operated a cafeteria subject to health regulations mandating specific temperatures for seafood storage. After an outbreak of food poisoning, the court treated the regulation as defining the standard of reasonable care because the rule expressly required the conduct at issue.
Adrian Aguilar rented space from Artemis Logistics. An administrative regulation required landlords to secure exterior fixtures near public sidewalks. After a loose panel fell and injured a pedestrian, the regulation supplied the duty that Artemis Logistics had failed to meet.
Aaron Adams managed a loading dock where an administrative rule limited shift lengths to prevent fatigue. Although the rule did not mention civil liability, the court adopted its requirements as the standard of reasonable care in a negligence action brought by an injured driver.
Ava Adebayo operated a delivery fleet. An administrative regulation required background checks on drivers to protect highway users. After a collision, the court considered adopting the regulation because its purpose included shielding motorists from risks created by unqualified drivers.
Ariana Azizi ran a chemical plant that met all administrative emission limits. When a neighbor suffered respiratory harm from cumulative releases, the court permitted a negligence finding because a reasonable operator would have taken further steps even though the regulation was satisfied.
When a rule expressly prescribes conduct and makes it mandatory, courts treat compliance or violation as defining reasonable care. The rule supplies the objective measure rather than leaving the question entirely to the jury.
Yes. Courts may borrow the requirements of a regulation that does not itself create a private right of action when the rule reflects what a reasonable person would do.
No. Even full compliance leaves open the possibility of negligence if a reasonable person would have taken additional precautions beyond the regulatory minimum.
The plaintiff must demonstrate that the regulation's purpose includes protecting the class of persons and the type of interest and harm involved in the case.
A regulation that imposes a duty to repair or maintain conditions can supply the required duty when the landlord fails to exercise reasonable care and the condition causes harm beyond the leased property.
…veto, see J. Bolton, The Legislative Veto: Unseparating the Powers (1977); Bruff & Gellhorn, Congressional Control of Administrative Regulation: A Study of Legislative Vetoes, 90 Harv. L. Rev. 1369 (1977); Dixon, The Congressional Veto and Separation of Powers: The Executive On a Leash?, 56 N. C. L. Rev. 423 (1978); FitzGerald,…