PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA – In General
Single Topic for Decision A434H
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100.01000 – In General
Because an agency’s rules or regulations cannot expand the scope of its authority beyond what has been authorized by the enabling statute, regulations that specify the procedure whereby an agency will carry out its mission necessarily have the effect of narrowing the scope of the agency's discretion by requiring it to act according to the procedure specified in its own regulations, as opposed to following other procedures which, while within the broad discretion granted by the statute are not the procedure chosen by the agency. Agency regulations validly enacted pursuant to a legislative grant of authority have the force and effect of law and are binding on the agency that promulgated them. Administrative agencies must follow their own rules and may only modify or repeal them through the rulemaking process rather than by decisional law.