4 ms·
Are 'guidance letters' and 'advisory opinions' secret?
by gohrt 10y ago
Are 'guidance letters' and 'advisory opinions' secret?
- rayiner 10y agoNo. And they're also not legally binding. And an agency treating guidance as legally binding is also a great way to get the guidance overturned in court, because there are strict legal requirements for the procedures agencies must follow before issuing binding rules.
- rhizome 10y agoCan a person be fired from their government job for refusing to adhere to a guidance letter or opinion?
- rayiner 10y agoAlmost certainly, but that's true for any employee refusing to follow an instruction from an employer.
- rhizome 10y agoSeems like they become de facto law at that point.
- rayiner 10y agoNot at all. A "law" is where the government tells you or I what to do in its capacity as the government. These directives are where the government leadership tells its own organs and employees what to do in their capacity as leaders of a large organization.
- rhizome 10y agoRight, I know how the legalistic mind works. My point is about where "its own organs and employees" meets the citizenry. Leadership means these things permeate the org chart, and you can't segregate this stuff into a closed box of "their capacity as leaders."