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)


Inside Members and Officers of Agencies