“Our standard of review of an adjudicative rule — according great weight to any reasonable construction of a regulatory statute by the agency — is the same as the standard applicable when an agency uses the rule-making mechanism to construe a statute pursuant to an implicit delegation of legislative authority to fill in the gaps or to resolve ambiguities.”
How later courts described this case
- “Our standard of review of an adjudicative rule — according great weight to any reasonable construction of a regulatory statute by the agency — is the same as the standard applicable when an agency uses the rule-making mechanism to construe a statute pursuant to an implicit delegation of legislative authority to fill in the gaps or to resolve ambiguities.”
- setting forth standards governing retroactivity of agency decisions
Written by the judges who cited it.
The opinion
GALLAGHER, Senior Judge,
concurring:
I agree that, as the court states in section F of its opinion, because of the circumstances involved the agency’s decision in Ringgold should be construed as being prospective in this case. As the court states, this petitioner reasonably relied upon the agency’s prior Herring decision to his detriment.
On this basis, I agree with the court’s opinion, and concur in the result reached.