Barry And Barry Inc. V. Department Of Motor Vehicles

The issue in this case is the constitutional validity of a regulation of a state administrative agency; namely, Washington Administrative Code 308-33-010 of the Department of Motor Vehicles, which established a schedule of maximum fees which can be charged by employment agencies. The trial court held this administrative regulation invalid on the grounds that (1) the right to exercise such administrative authority was not delegated by statute, and (2) in the alternative, the delegation of such authority constituted an improper and unconstitutional delegation of legislative authority without appropriate standards. On appeal here we reverse the decision of the trial court.