To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute. Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

Question

Quizplus · Accepted Answer

The use of broad phrases like "fair and equitable" in an enabling statute can be considered to meet the requirement for establishing reasonable standards, as long as these terms provide sufficient guidance for the agency to implement the statute. Courts have often allowed a degree of flexibility in the language of enabling statutes, recognizing that it is not always possible or practical to provide detailed criteria for every aspect of an agency's operation.

To Be Constitutionally Permissible, an Enabling Statute Must Establish Reasonable