Unconstitutional Delegation of Legislative Authority
Once the Legislature has established the law, it may properly delegate the authority to administer or apply the law to private or governmental entities. (Wilkinson v. Madera Community Hospital (1983) 144 Cal. App. 3d 436, 442 192 Cal. Rptr. 593.)
"An unconstitutional delegation of legislative power occurs when the Legislature confers upon an administrative agency unrestricted authority to make fundamental policy decisions.
'This doctrine rests upon the premise that the legislative body must itself effectively resolve the truly fundamental issues.
It cannot escape responsibility by explicitly delegating that function to others or by failing to establish an effective mechanism to assure the proper implementation of its policy decisions.'" (People v. Wright (1982) 30 Cal. 3d 705, 712 180 Cal. Rptr. 196, 639 P.2d 267; see also State Bd. of Education v. Honig (1993) 13 Cal. App. 4th 720, 750 16 Cal. Rptr. 2d 727.)
"An administrative agency cannot by its own regulations create a remedy which the Legislature has withheld." ( Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal. 3d 1379, 1389 241 Cal. Rptr. 67, 743 P.2d 1323.)
Thus, "an unconstitutional delegation of authority occurs only when a legislative body:
(1) leaves the resolution of fundamental policy issues to others or (2) fails to provide adequate direction for the implementation of that policy." (Carson Mobilehome Park Owners' Assn. v. City of Carson (1983) 35 Cal. 3d 184, 190 197 Cal. Rptr. 284, 672 P.2d 1297.)
As we explained in Wilkinson: "In order to avoid an unlawful delegation of its authority, the Legislature must first resolve the 'truly fundamental issues,' and must then 'establish an effective mechanism to assure the proper implementation of its policy decisions.'
Thus, a delegation of authority must be accompanied by safeguards which insure that the delegatee does not act arbitrarily.
In a proper case, however, the requisite safeguards may be implied by the statutory purpose.
In fact, 'it is common for the courts to imply them." (Wilkinson v. Madera Community Hospital, supra, 144 Cal. App. 3d at p. 442.)