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In 1985, the Department of Housing Safety, an Administrative Agency

Question 41

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In 1985, the Department of Housing Safety, an administrative agency created to promote proper construction and maintenance of houses, made a rule requiring that "all buildings constructed after December 31, 1986, being more than two stories high, are to have smoke detectors" and setting a fine against noncomplying building owners.D, who lives in a house that comes under this regulation, keeps a rabbit that she claims is very sensitive to even minute amounts of smoke.He thinks it should be considered a smoke detector because "smoke detector" is never actually defined in the regulation.The department disagrees and wants to fine D for noncompliance.D decides to take the issue of whether a rabbit can be a smoke detector to a state court, instead of to a hearing conducted by the department, because he claims that for the department to make the rules and adjudicate disputes involving those rules violates the idea of separation of powers.Is he correct? Why or why not? Explain the process by which D's dispute would be handled by the department.

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D's argument that the Department of Hous...

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