Professional Documents
Culture Documents
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.
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 workmens 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.
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.
DISTINCTIONS
LEGISLATIVE
INTERPRETATIVE
Judicial
2.
What It
supplements It says what the
administrative
the statute by statute means
agency is doing
filling
in
the
details
2. Exception: When the legislature itself requires it and mandates that the
regulation shall be based on certain facts as determined at an appropriate
investigation.
3. If the regulation is in effect a settlement of a controversy between specific
parties, it is considered an administrative adjudication, requiring notice and
hearing.
Prescribing of Rates
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout
the country.
No prior notice and hearing is required.
2. QUASI-JUDICIAL
If the rules and rates imposed apply exclusively to a particular party, based upon a
finding of fact. Prior notice and hearing is required.
Requirement of Publication
2. Question of LAW
Administrative decision may be appealed to the courts independently of legislative
permission.
It may be appealed even against legislative prohibition because the judiciary cannot
be deprived of its inherent power to review all decisions on questions of law.
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior to its
completion or finality, the reason being that absent a final order or decision, power
has not been fully and finally exercised, and there can usually be no irreparable
harm.
in violation of the Constitution and other laws; Order not reviewable in any other
way; Order made in excess of power
Note: The doctrines of primary jurisdiction and prior resort have been considered
to be interchangeable.
the question
raised is
purely