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Statutes Relating to Agencies

A statute is not unconstitutional if it vests two agencies with the same power, although there may be conflict due to possible concurrent exercise of power[i].  The unconstitutionality of a part of an act does not necessarily defeat or affect the validity of its remaining provisions and if the invalid part is severable from the rest, constitutional part may stand while the invalid part may be dropped[ii].  The above rule is applicable in the case of statutes relating to administrative agencies.  Even if some part or parts of an administrative law statute are invalid, the valid provisions will be enforced.

[i] School Dist. v. Callahan, 237 Wis. 560 (Wis. 1941)

[ii] Champlin Refining Co. v. Corporation Com. of Oklahoma, 286 U.S. 210 (U.S. 1932)

Inside Statutes Relating to Agencies