Also known as: rulemaking · rule-making · rulemakings · administrative rulemaking
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An agency process for formulating, amending, or repealing a rule. Congress may delegate this authority to executive officers and agencies when it supplies an intelligible principle to guide the exercise of discretion.
An agency process for formulating, amending, or repealing a rule. Congress may delegate this authority to executive officers and agencies when it supplies an intelligible principle to guide the exercise of discretion.
Select any source to read its text and confirm it supports the definition.
The discretionary power of a common-interest community association to adopt rules governing use of common property and individually owned lots. The association must exercise this power reasonably, with ordinary care, and fairly toward members.
Select any source to read its text and confirm it supports the definition.
The discretionary power of a common-interest community association to adopt rules governing use of common property and individually owned lots. The association must exercise this power reasonably, with ordinary care, and fairly toward members.
Each sense below has its own examples, sources, and questions.
Congress enacts a statute directing the Environmental Protection Agency to set emission standards for factories as needed to protect public health. The agency issues detailed regulations after notice and comment. A factory owner challenges the regulations, arguing that Congress gave away too much power. The court upholds the delegation because the statute supplies an intelligible principle.
Congress passes an appropriations bill funding several programs. The President cancels one item under a line-item veto statute. Affected cities sue, arguing the cancellation alters legal rights without bicameralism and presentment. The court examines whether the mechanism improperly transfers legislative power to the executive.
A nuclear power company seeks a license. The agency adopts new safety standards through informal notice-and-comment rulemaking rather than formal adjudication. Environmental groups challenge the process as inadequate. The court holds that agencies have discretion to choose rulemaking procedures unless the statute requires otherwise.
An immigration statute allows one house of Congress to override an executive suspension of deportation. After the House passes a resolution blocking a suspension, the affected individual challenges the veto. The court determines that the one-house action constitutes an exercise of legislative power requiring bicameral passage and presentment.
An agency considering a nuclear plant license receives extensive public comments on environmental impacts. It issues a rule after considering the comments but without additional trial-type hearings. Challengers argue the procedures were insufficient. The court holds that agencies need not adopt procedures beyond those required by statute or the Constitution.
Broad delegations are generally upheld if the statute supplies an intelligible principle to guide agency discretion. Courts have long accepted general standards such as public interest in complex regulatory fields.
Supporting sources
Agencies have discretion to choose informal notice-and-comment procedures unless the governing statute specifically requires formal, trial-type hearings. Courts will not impose additional procedures beyond statutory or constitutional minima.
Supporting sources
Any action altering legal rights outside the legislative branch must satisfy bicameralism and presentment. A single house resolution that overrides an executive decision bypasses these requirements and constitutes an invalid exercise of legislative power.
Supporting sources
Sunset Shores homeowners association board adopts an emergency rule banning villa rentals during holiday weeks to preserve amenities for hotel guests. Villa owner Roberto Reyes, who depends on holiday income, sues claiming the rule is unreasonable. The court reviews whether the board exercised its discretionary rulemaking power reasonably in light of owners' reliance interests and community purposes.
A member must prove that the association breached its duty to act reasonably when exercising discretionary rulemaking power. The member also bears the burden of showing that any breach caused harm, unless the action was ultra vires.
Supporting sources
Rules adopted by the board require only majority board approval and are subject to a reasonableness requirement. Amendments to the declaration require supermajority owner consent and receive greater deference if they are not illegal or against public policy.
Supporting sources
…§ 438 (b). Beyond these recordkeeping, disclosure, and investigative functions, however, the Commission is given extensive rulemaking and adjudicative powers. Its duty under § 438 (a) (10) is "to prescribe suitable rules and regulations to carry out the provisions of . . . chapter [14]." Under § 437d (a) (8) the…