The Use of Policy by Administrative Decision Makers: Authority and Limitations

September 23, 2019

posted in: Legal Updates

An administrative agency does not require an express grant of statutory authority in order to issue policies or guidelines.  However, administrative decision-makers may not apply these policies inflexibly as if they were law.   An individualized assessment is required in the circumstances of each case to determine whether it is appropriate to apply the policy.  A decision made solely by reference to the mandatory prescription of a policy, despite a request to deviate from it in the light of the particular facts, may be set aside, on the ground that the decision-maker’s exercise of discretion was unlawfully fettered.

https://shoresjardine.com/wp-content/uploads/2019/09/2019-08-28-Fettering-Discretion.pdf

 

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