Whether an administrative (as opposed to statutory or judicial) change in the law is subject to different rules regarding retroactive application. In general an administrative change in law is retroactive unless there is a burden on the applicant. Retail, Wholesale and Department Store Union, AFL"CIO v. NLRB, 466 F.2d 380 (D.C.Cir.1972), Miguel-Miguel v. Gonzales, 500 F.3d 941, 950 (9th Cir. 2007); Montgomery Ward & Co., Inc. v. FTC, 691 F.2d 1322 (9th Cir.1982).
Thanks to Stacy Tolchin.