Legal Authority of Policy Elements

Below please find a graphic that indicates the legal authority of policy elements.

In one column we share policy elements that have full legal effect.

• First, statutes are created by legislatures.
• Second, regulations are created by administrative agencies to implement statutes.
• Third, judicial opinion is created by the court decisions and often described as case law.

The other column we share a policy element that lacks independent legal effect.

• Guidance can be developed to provide a view about statutes, regulations, or judicial opinions. We often find guidance in the form of:
  • Dear Colleague Letters
  • Preamble to Regulations
  • FSA Enforcement Bulletin
  • Agency Interpretation