Williams v. Pierce, 708 F.2d 57 (1983)

Citation: Williams v. Pierce, 708 F.2d 57 (1983)
Parent Document: Williams v. Pierce, 708 F.2d 57 (1983)
Jurisdiction: United States (federal)
Effective Date: 1983-05-12
Original Source: https://www.courtlistener.com/opinion/419144/williams-v-pierce/ ↗

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HUD argues that it may not be held to compliance with these published procedural requirements modeled after the APA. While not every internal agency rule is enforceable against an agency, see United States v. Caceres, 440 U.S. 741, 754 n. 18, 99 S.Ct. 1465, 1472 n. 18, 59 L.Ed.2d 733 (1979), it is well-established that regulations promulgated under statutory authority have the force and effect of law, see United States v. Nixon, 418 U.S. 683, 695-96, 94 S.Ct. 3090, 3101, 41 L.Ed.2d 1039 (1974), and that an agency is bound by its own formal, published regulations that protect important rights of the public. See Morton v. Ruiz, 415 U.S. 199, 235, 94 S.Ct. 1055, 1074, 39 L.Ed.2d 270 (1974); Vitarelli v. Seaton, 359 U.S. 535, 540-45, 79 S.Ct. 968, 973-75, 3 L.Ed.2d 1012 (1959); Service v. Dulles, 354 U.S. 363, 77 S.Ct. 1152, 1 L.Ed.2d 1403 (1957); Pearce v. Director, Office of Workers' Compensation, 647 F.2d 716, 726-27 (7th Cir.1981); compare American Farm Lines v. Black Ball Freight Service, 397 U.S. 532, 538-39, 90 S.Ct. 1288, 1292, 25 L.Ed.2d 547 (1970) (agency may waive internal rule designed only for "orderly transaction of business before it," not for benefit of persons outside the agency). The right of public housing tenants to be informed of proposed changes in rules vitally affecting their lives surely qualifies under this standard, and HUD must therefore be held to compliance with its own procedural requirements.

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