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Administrative bodies have three main powers:
1) Quasi-legislative or rule making power to fix details in executing policy set in law. Valid rules must be authorized, within the law's scope, reasonable, and published. Rules with penalties require the law declare violations punishable and fix penalties. Rules substantially adding burdens require hearings.
2) Quasi-judicial or adjudicatory power to resolve disputes.
3) Determinative powers to implement policy through fact-finding and individual decisions.
Administrative bodies have three main powers:
1) Quasi-legislative or rule making power to fix details in executing policy set in law. Valid rules must be authorized, within the law's scope, reasonable, and published. Rules with penalties require the law declare violations punishable and fix penalties. Rules substantially adding burdens require hearings.
2) Quasi-judicial or adjudicatory power to resolve disputes.
3) Determinative powers to implement policy through fact-finding and individual decisions.
Administrative bodies have three main powers:
1) Quasi-legislative or rule making power to fix details in executing policy set in law. Valid rules must be authorized, within the law's scope, reasonable, and published. Rules with penalties require the law declare violations punishable and fix penalties. Rules substantially adding burdens require hearings.
2) Quasi-judicial or adjudicatory power to resolve disputes.
3) Determinative powers to implement policy through fact-finding and individual decisions.
1) Quasi-legislative or rule making power 1. Nature a. Exercise of delegated legislative power, involving no discretion as to what the law shall be, but merely the authority to fix the details in the execution or enforcement of a policy set out in the law itself 2. Kinds of Administrative Rules of Regualtions a. Supplementary or detailed legislation a. Fix the details b. Interpretative legislation a. Rules and regulations construing r interpreting the proviisons of a staturetobe enforced b. Intended to clarify or explain existing staturoty regulations under wc the administrative body operates c. Contingent legislation a. Rule and regulationsmade by an administrative authority on the existence of certain facts or things uponec the enforcement of the law depends 3. Requisites for Validity (page 497) a. Issued under authority of law b. Within the scope and purview of the law c. Reasonable d. Publication in the Official Gazette or in a newspaper of general circulation a. Interpretative rules and regualtions / Internal in nature or LoI may simply be posted in conspicuous places in the agency itself b. Those wc do not affect the rights of the public 4. Administrative Rules with Penal Sanctions; additional Requisites a. The law itself must declare the violation of the rule or regulations as punishable b. Law should fix the penalty for the violation 5. Necessity for Notice and Hearing a. Administrative rule in the nature of subordinate legislation- HEARING REQUIRED a. Designed to implement a law by providing its details b. If it substantially adds or increases the burden of the concerned