Changes

The General Assembly may validly vest legislative or judicial authority in an administrative agency if the law delegating that authority provides "safeguards, procedural and otherwise, which prevent an abuse of discretion by the agency." Kentucky Commission on Human Rights v. Fraser, 625 S.W.2d 852, 854 (Ky. 1981) (citing Butler v. United Cerebral Palsy of Northern Ky., Inc., 352 S.W.2d 203, 208 (Ky. 1961)). Factors to consider in determining whether the law in question provides sufficient safeguards include the experience of the agency to which the authority is delegated, the subject matter of the law, and the availability of judicial review. Butler, 352 S.W.2d at 208. With regard to delegations of legislative authority, we also consider whether the law prescribes sufficient standards to prevent the agency from exercising unfettered discretion. Holsclaw [v. Stephens, 507 S.W.2d 462, 471 (Ky. 1973)].}}

The General Assembly may validly vest legislative or judicial authority in an administrative agency if the law delegating that authority provides "safeguards, procedural and otherwise, which prevent an abuse of discretion by the agency." Kentucky Commission on Human Rights v. Fraser, 625 S.W.2d 852, 854 (Ky. 1981) (citing Butler v. United Cerebral Palsy of Northern Ky., Inc., 352 S.W.2d 203, 208 (Ky. 1961)). Factors to consider in determining whether the law in question provides sufficient safeguards include the experience of the agency to which the authority is delegated, the subject matter of the law, and the availability of judicial review. Butler, 352 S.W.2d at 208. With regard to delegations of legislative authority, we also consider whether the law prescribes sufficient standards to prevent the agency from exercising unfettered discretion. Holsclaw [v. Stephens, 507 S.W.2d 462, 471 (Ky. 1973)].}}

*''Brewer v. Commonwealth'', 478 S.W.3d 363, 375 (Ky. 2015).

*''Brewer v. Commonwealth'', 478 S.W.3d 363, 375 (Ky. 2015).

[[category:United States Constitution]]

[[category:United States Constitution]]