Barry & Barry, Inc. v. Dep’t of Motor Vehicles – Case Brief Summary (Washington)

In Barry & Barry, Inc. v. Dep't of Motor Vehicles, 81 Wn.2d 155, 500 P.2d 540 (1972), the Court outlined a standard similar to the delegation of administrative power for the delegation of legislative power:

the delegation of legislative power is justified and constitutional, and the requirements of the standards doctrine are satisfied, when it can be shown:

(1) that the legislature has provided standards or guidelines which define in general terms what is to be done and the instrumentality or administrative body which is to accomplish it;

(2) that procedural safeguards exist to control arbitrary administrative action and any administrative abuse of discretionary power. Id. at 159.

In Barry the Court rejected the notion that specific standards need to accompany the delegation of power to an administrative agency. Id. at 161.