Legal Definitions - directory requirement

A directory requirement is a legal instruction, found in a statute (a law) or a contract, that suggests a particular way of acting or a specific procedure to follow. Unlike a mandatory requirement, which *must* be strictly adhered to, a directory requirement is considered advisable, helpful, or a best practice, but not absolutely essential for the validity of an action. If a directory requirement is not met, the action taken is generally still considered valid, provided that the core purpose of the instruction was achieved and no significant harm or injustice resulted. These requirements often use words like "should" or, occasionally, "shall" when the context clearly indicates flexibility rather than strict obligation.

Here are some examples to illustrate this concept:

• Government Agency Procedure: Imagine a state regulation for public hearings that states, "The agency should publish notice of the hearing in a local newspaper at least 30 days prior to the event." If, due to an oversight, the notice is published 28 days before the hearing, but it is also widely announced on the agency's website, through social media, and via direct mail to affected parties, the hearing itself and any decisions made would likely still be valid. The 30-day newspaper notice was a recommended guideline (a directory requirement) to ensure public awareness, but its slight deviation did not prevent the public from being informed or invalidate the entire process.

• Business Contract Clause: Consider a consulting agreement between a company and a consultant that includes a clause stating, "The Consultant should provide all invoices to the Company's accounting department via email." If, for one month, the consultant sends the invoice to the accounting department via a secure online portal instead of email, the company would still be obligated to pay the invoice, assuming it was otherwise correct and timely. The specific method of delivery (email) was a preferred procedure (a directory requirement) for administrative convenience, not a fundamental condition for the validity of the invoice or the consultant's right to payment.

• School District Policy: A school district's policy manual might state, "Parents appealing a disciplinary decision should submit their written appeal to the principal's office by 3:00 PM on the designated due date." If a parent submits their appeal at 3:15 PM on the due date, but the principal's office is still open and accepts it, the school district would typically still be required to consider the appeal. The 3:00 PM deadline was a recommended time (a directory requirement) for administrative processing, but a minor delay would not automatically invalidate the appeal itself, especially if no prejudice resulted from the slight tardiness.