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See also Congress (delegation of legislative authority). The power of an administrative agency to administer a congressionally created . . . program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.' Morton v. Ruiz, 415 U.S. 199, 231 (1974). If Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Such legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute. Sometimes the legislative delegation to an agency on a particular question is implicit rather than explicit. In such a case, a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency. Chevron, Inc. v. Natural Resources Defense Council. 467 U.S. 837 (1984).


It is elementary law, of course, that the Legislature may confer upon an administrative board the power to 'fill up details' of a legislative policy by enacting rules and regulations, as long as the Legislature establishes an adequate standard (Knudsen ...

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