Frequently Asked Questions about Legislative Delegation of Authority in California

Is the legislative branch of government the only branch to make laws? No, the executive branch state agencies and departments that administer the law need to engage in rulemaking activities, which are quasi-legislative in nature.

By what authority does the executive branch engage in lawmaking? Although there is some implied authority, generally there is some delegation of legislative power to the executive branch of either the federal or state levels of government.

What is the main rule for the delegation of authority? Generally, when this authority is delegated to state agencies, the Legislature will articulate guidance in the use of that authority by the state agency.

Is there a limit on how much authority can be delegated? Yes, when the courts deem it too much, it is called an improper or unlawful delegation of legislative power or authority.

What is the general rule for an impermissible delegation of authority? In general, an unconstitutional delegation of authority occurs when the legislature (1) leaves the resolution of fundamental policy issues to others or (2) fails to provide adequate direction for the implementation of that policy. For example, Carson Mobilehome Park Owners’ Assn. v. City of Carson (1983) 35 Cal.3d 184, 190.

How have courts generally defined an improper delegation? The appellate court in Carson Mobilehome stated, “An unconstitutional delegation of power occurs when the Legislature confers upon an administrative agency the unrestricted authority to make fundamental policy determinations. To avoid such delegation, the Legislature must provide an adequate yardstick for the guidance of the administrative body empowered to execute the law.”