Gilligan v. Pennsylvania Horse Racing Commission

In Gilligan v. Pennsylvania Horse Racing Commission, 492 Pa. 92, 422 A.2d 487 (1980), the Pennsylvania Supreme Court stated that the "principal limitations" on the General Assembly's power to delegate such authority "are twofold: (1) the basic policy choices must be made by the Legislature; (2) the 'legislation must contain adequate standards which will guide and restrain the exercise of the delegated administrative functions.'" Id. at 96, 422 A.2d at 489. The Pennsylvania Supreme Court held "the latitude of the standards controlling exercise of the rulemaking powers expressly conferred on a non-legislative party must be viewed in light of the broad supervisory task necessary to accomplish the express legislative purpose." Id., 492 Pa. at 98, 422 A.2d at 490.