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Session Laws, 1978
Volume 736, Page 3165   View pdf image
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BLAIR LEE III, Acting Governor                        3165

fourth dimension unsettles our three—dimensional
thinking. Courts have differed in assigning a place to
these seemingly necessary bodies in our constitutional
system. Administrative agencies have been called
quasi-legislative, quasi-executive or quasi—judicial,
as the occasion required, in order to validate their
functions within the separation—of—power scheme of the
Constitution. The mere retreat to the qualifying
'quasi' is implicit with confession that all recognized
classifications have broken down, and 'quasi' is a
smooth cover which we draw over our confusion as we
might use a counterpane to conceal a disordered bed."

33   "In the wake of the decision in Gregg v. Public Service
Commission, 121 Md. 1 (1913), it may be... that the
difficulty of classifying a governmental agency will
lead to difficulties in applying the rule laid down in
... Article 8 of the Declaration of Rights."

34   "Since the Legislature may delegate its power to fix
salaries and 'to name civil officers' (Pt. II, Art. 5)
it may properly impose conditions upon the exercise of
such authority. Rosenthal v. McGoldrick, ... [19 N.E.
2d 660 (N.Y. 1939)]."

35   "House Bill 556 only allows the suspension of a rule
until the next legislative session; it does not give to
the interim rules committee any permanent veto power.
Although there is no case law presently on point, it is
my view that if the legislature can delegate rulemaking
authority to administrative agencies, they can also
delegate to a legislative committee a limited
suspension power over proposed substantive
administrative rules that go beyond a specific standard
set by the legislature."

36   "Any power the legislature delegates, it may repeal,
alter or restrict."

37   "If the trend toward bureaucratic predominance is
successfully to be resisted, the legislature must not
surrender control as it has delegated power."
Schwartz, supra, at 1034.

38 "Under date of December 17, 1953, the Attorney General
in response to a request from a state representative
held that the provisions of Act 88, as amended,
purporting to give a legislative committee power to
suspend an administrative rule was unconstitutional."
The basis of the opinion was that the legislature
itself could not lawfully determine whether an
administrative rule was in conformity with the statute
under which it was promulgated for the reason that it
was obviously necessary for the legislature to construe
the statute and the rule in order to make such a

 

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Session Laws, 1978
Volume 736, Page 3165   View pdf image
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