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Members and Officers of Agencies

An administrative agency’s member and officer¬†functions may be vested in interested persons and in private persons.¬† An administrative agency functions on the universally accepted common-law rule that in the absence of a contrary statutory provision, a majority of a quorum constituted of a simple majority of a collective body is empowered to act for the agency.[i]¬† Some state constitutions do not permit the Legislature to grant unrestricted delegations of legislative power, but a delegation is constitutional as long as the Legislature demonstrates standards or principles to confine and guide the agency’s power.[ii]

[i] Ftc v. Flotill Prods., 389 U.S. 179 (U.S. 1967)

[ii] R.I. Council 94 v. Carcieri, 2008 R.I. Super. LEXIS 99 (R.I. Super. Ct. 2008)

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