Delegation Hypothetical – Administrative Law

Delegation Hypothetical

Scenario: You are a legislative aide to a state legislator who wishes to introduce legislation creating a new state department of drug enforcement. It is intended that, among other authorities, this new administrative agency will have authority to establish a list of controlled drugs, establish rules regarding penalties for possession or use of controlled drugs, establish a process for adjudicating cases involving violators of the rules, and enter into contracts with a private agency or agencies to establish and manage a system of one or more incarceration facilities to which violators of these rules may be sentenced upon a finding of guilt.

In your paper be sure to address the following:

Identify and analyze any delegation issues. State any assumptions you make in your analysis.
What recommendations would you make to ensure that this legislation will not be found to be an improper delegation of authority?

1-2 double spaced pages


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