Legal Definitions - legislative rule

A legislative rule is a regulation created by a government agency when it exercises specific law-making power that has been given to it by a legislative body (like Congress or a state legislature). These rules carry the full force of law, meaning they are legally binding and must be followed, just like statutes passed directly by elected lawmakers. They are sometimes also referred to as substantive rules.

Here are some examples to illustrate how legislative rules function:

• Environmental Protection Agency (EPA) Emissions Standards: Imagine Congress passes a broad law, such as the Clean Air Act, which mandates cleaner air but doesn't specify every technical detail. Congress then delegates authority to the EPA to create specific rules to achieve this goal. The EPA might then issue a legislative rule requiring all new passenger vehicles to meet certain tailpipe emissions limits. This rule is binding on car manufacturers and consumers alike.

  How it illustrates the term: This is a legislative rule because the EPA, an administrative agency, created it based on authority delegated by Congress. It has the force of law, meaning vehicle manufacturers must comply, and failure to do so can result in penalties, just as if they violated a direct act of Congress.

• Food and Drug Administration (FDA) Food Labeling Requirements: Congress passes a law requiring that food products be safe and accurately labeled. It grants the FDA the power to establish detailed regulations for how food is processed, packaged, and labeled. The FDA then publishes a legislative rule mandating that all packaged food products must display a standardized "Nutrition Facts" panel, including specific information like serving size, calories, and nutrient content, in a particular format.

  How it illustrates the term: This rule is a legislative rule because the FDA, an agency, developed it under the specific authority granted by Congress. Food manufacturers are legally obligated to adhere to these labeling standards; they are not merely suggestions but enforceable legal requirements.

• Occupational Safety and Health Administration (OSHA) Workplace Safety Standards: Congress passes the Occupational Safety and Health Act, establishing a general duty for employers to provide a safe workplace. It then empowers OSHA to develop and enforce specific safety and health standards. OSHA might issue a legislative rule requiring construction companies to provide fall protection (like guardrails or safety nets) for workers operating at specific heights on job sites.

  How it illustrates the term: This is a legislative rule because OSHA, an administrative agency, created it using the law-making authority delegated by Congress. Employers must comply with these safety standards, and OSHA can inspect workplaces and issue citations or fines for non-compliance, demonstrating that the rule carries the full force of law.