Administrative Law - Paper 1ç

Topics: Law, Administrative law, Regulation Pages: 8 (1590 words) Published: February 26, 2013
Powers of Administrative Agencies

1. Quasi-legislative power / Power of subordinate legislation 2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers)

Definition of "Quasi-legislative power"

It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy.

Distinctions between Quasi-legislative power and legislative power

1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI-legislative power only involves the discretion to determine how the law shall be enforced. 2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it. 2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the delegate’s authority, announce the legislative policy and specify the conditions under which it is to be implemented.

Definition of Quasi-Judicial Power

It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. The exercise of this power is only incidental to the main function of administrative authorities, which is the enforcement of the law.

Determinative Powers

1.ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval. Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of assessment under the revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws, and powers of abstract determination such as definition-valuation, classification and fact finding

3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation from a standard.

4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. Usually without notice and hearing. Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers

5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of facts. It refers to the right to, and must, consider and make proper application of the rules of equity. Ex. Power to appoint a receiver, power to issue injunctions

Kinds of Administrative Regulations

|DISTINCTIONS |LEGISLATIVE |INTERPRETATIVE | |1. Capacity that administrative agency is acting|Legislative |Judicial | |in | | | |2. What administrative agency is doing |It supplements the statute by filling in |It says what the statute means | | |the details | | |3. Force and effect |Legislative regulations have the force and |Merely persuasive/ | |...
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