A policy rule is a general rule adopted by an administrative body on how it weighs interests, establishes facts or interprets statutory provisions when exercising a power of its own. It makes the exercise of that power predictable and reviewable.
Legal basis
Article 1:3(4) of the General Administrative Law Act contains the definition. Title 4.3 governs adoption and effect: Article 4:81 confers the power to adopt, Article 4:82 allows a decision to be reasoned by reference to the policy rule, and Article 4:84 contains the inherent power to depart. That last provision is the core: the body acts in accordance with the policy rule unless doing so would have consequences for one or more interested parties that, because of special circumstances, are disproportionate to the purposes of the rule. Policy rules must be published; an unpublished rule does not bind.
How it works in practice
Policy rules occur in subsidies, fines, permits, enforcement and the closure of premises. They are a double-edged instrument: they protect against arbitrariness but also produce standard decisions. Anyone contesting such a decision does better to emphasise the special circumstances of the case rather than attack the rule itself, because that is the opening Article 4:84 provides.
Where it goes wrong
Bodies apply the policy rule without explaining why there was no reason to depart, even though the person concerned raised special circumstances. A second error is relying on an internal work instruction that functions as a policy rule but was never published. Third, special circumstances are raised only on appeal, when they should have been substantiated at the objection stage.
Related terms
The policy rule connects to the principle of proportionality, the administrative fine and the principle of legitimate expectations.
Is policy being applied rigidly to you? Our administrative law specialists substantiate the special circumstances.
