State v. Crown Zellerbach Corp
In State v. Crown Zellerbach Corp., 92 Wn.2d 894, 896, 602 P.2d 1172 (1979), the Court upheld a delegation of power to the Department of Fisheries and Wildlife which allowed it to grant conditional permits. Violation of these permits was a crime. Crown Zellerbach, 92 Wn.2d at 899.
The Court found in that case the statutory and common law procedures available to defendants in their criminal appeals, as well as the APA, gave enough safeguards against arbitrary and unauthorized agency action. But APA compliance was not mandatory for a proper delegation. Id. at 903.
The Court have upheld the delegation of legislative power where the decision of the administrative body effectively becomes an element of a crime. Crown Zellerbach, 92 Wn.2d at 902.