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Quasi - Legislative Function

Quasi-legislative functions involve administrative agencies adopting rules and regulations to carry out laws and implement legislative policy, such as adjusting school district boundaries. While the legislature cannot delegate essential lawmaking, it can provide agencies with quasi-legislative powers if sufficient guidelines are given. Quasi-judicial functions involve administrative agencies ascertaining facts, holding hearings, weighing evidence, and making binding decisions on disputed claims similar to lower courts. Due process requires notice and a hearing for quasi-judicial proceedings, and communications in such proceedings have absolute immunity.

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371 views1 page

Quasi - Legislative Function

Quasi-legislative functions involve administrative agencies adopting rules and regulations to carry out laws and implement legislative policy, such as adjusting school district boundaries. While the legislature cannot delegate essential lawmaking, it can provide agencies with quasi-legislative powers if sufficient guidelines are given. Quasi-judicial functions involve administrative agencies ascertaining facts, holding hearings, weighing evidence, and making binding decisions on disputed claims similar to lower courts. Due process requires notice and a hearing for quasi-judicial proceedings, and communications in such proceedings have absolute immunity.

Uploaded by

Cecil Dela Pena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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QUASI - LEGISLATIVE FUNCTION

A quasi-legislative is the authority delegated by the law-making body to the administrative body
to adopt rules and regulations intended to carry out the provisions of a law and implement
legislative policy.

Quasi-legislative power means the administrative agency’s power to engage in rule making. For
example, the act of changing boundaries of a political subdivision is an exercise of quasi-legislative
power. Specifically, the formation of school districts and the adjustment of district boundaries is an
exercise of quasi-legislative power delegated by statute to, and administered by, the county
committees.

In general, the legislature cannot delegate its essential lawmaking powers to any other
department. However, it may delegate quasi-legislative powers to an administrative agency to carry out
legislative objectives, provided that the delegation has sufficient guidelines.

QUASI - JUDICIAL FUNCTION


Quasi-Judicial is the action taken and discretion exercised by public administrative agencies or
bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the
foundation for official actions.

Quasi-judicial is defined as an action by an administrative agency which; ascertains certain facts,


hold hearings, weigh evidence, make conclusions from the facts as a basis for their official action, and
exercises discretion of a judicial nature.

A quasi-judicial proceeding investigates a disputed claim, weighs evidentiary facts and reaches a
binding decision[ii].  In Brustad v. Rosas, 1999 Minn. App. LEXIS 1384 (Minn. Ct. App. Dec. 28, 1999), the
court held that quasi-judicial decisions are binding on the disputed claim.  The proceedings of
administrative agencies are quasi-judicial when; hearing is held, both parties participate, the presiding
officer subpoena witnesses and the administrative body has the power to take remedial action.

In Cabana v. Kenai Peninsula Borough, 21 P.3d 833 (Alaska 2001), the court held that when an
entity which normally acts as a legislative body applies general policy in private capacities, it is
functioning in a quasi-judicial capacity.
In Robertson v. Astrue, 2009 U.S. Dist. LEXIS 64487 (W.D. Va. July 17, 2009), the court held that
although there are wide differences between administrative agencies and courts, they share a
relationship similar to lower and upper courts.  Similarly, while performing a judicial function an entity is
similar to a district court[iv].  When an administrative body acts in a quasi-judicial manner, due process
requires notice and an opportunity for a full and fair hearing[v].  In Toker v. Pollak, 44 N.Y.2d 211 (N.Y.
1978), the court held that there is absolute immunity to communications made in the course of quasi-
judicial administrative proceedings.

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