Accardi Doctrine
What does "Accardi Doctrine" mean in law?
A principle established in United States ex rel. Accardi v. Shaughnessy (1954) holding that an agency must follow its own regulations, and that failure to do so renders the resulting action invalid even if the regulations were not required by statute. The doctrine reflects the due process principle that individuals rely on published agency procedures and are entitled to the protections those procedures provide. When an agency promulgates binding regulations, it creates legitimate expectations that affected parties will receive the procedural protections described therein. The doctrine applies even where the regulation provides more process than the Constitution or statute requires; the agency is bound by its self-imposed procedural requirements until it properly amends or rescinds them through appropriate rulemaking procedures.
Definition
A principle established in United States ex rel. Accardi v. Shaughnessy (1954) holding that an agency must follow its own regulations, and that failure to do so renders the resulting action invalid even if the regulations were not required by statute. The doctrine reflects the due process principle that individuals rely on published agency procedures and are entitled to the protections those procedures provide. When an agency promulgates binding regulations, it creates legitimate expectations that affected parties will receive the procedural protections described therein. The doctrine applies even where the regulation provides more process than the Constitution or statute requires; the agency is bound by its self-imposed procedural requirements until it properly amends or rescinds them through appropriate rulemaking procedures.
Example
An immigration judge's deportation order was vacated under the Accardi doctrine because the Board of Immigration Appeals had failed to follow its own published procedural regulations governing how discretionary relief applications must be considered.