45 C.F.R. § 16.14
How Board review is limited
The Board shall be bound by all applicable laws and regulations.
Notes of Decisions
Cited in 2
cases, 1993–1996 · leading case: Salt Lake Cmty. Action Prog., Inc. v. Donna Shalala, Sec'y, U.S. Dep't of Health & Human Servs., 11 F.3d 1084 (D.C. Cir. 1993).
Salt Lake Cmty. Action Prog., Inc. v. Donna Shalala, Sec'y, U.S. Dep't of Health & Human Servs., 11 F.3d 1084 (D.C. Cir. 1993). “1991) (under 45 C.F.R. § 16.14 , DAB is “bound by the Department’s regulations, even if invalid under a constitutional analysis, if those regulations are applicable”); Delaware Dep’t of Health & Social Servs.”
Commonwealth of Pennsylvania v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). “The Board is also 'bound by all applicable laws and regulations,' 45 C.F.R. 16.14-- i.e., it applies, rather than makes, agency policy.”
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