Legal Definitions - quasi-legislative power

Quasi-legislative power refers to the authority granted to administrative agencies (parts of the executive branch of government) to create rules and regulations that have the force of law. While these agencies are not elected legislatures, they are delegated the power by the legislative branch (like Congress or a state legislature) to fill in the details and implement broader laws passed by that legislature.

Essentially, when a legislature passes a general law, it often empowers an expert agency to develop specific, technical rules necessary to carry out the law's intent. These agency-made rules function much like laws, requiring compliance from individuals and organizations, but they originate from an administrative body rather than directly from elected lawmakers.

• Example 1: Environmental Protection Agency (EPA) Emissions Standards

  Congress passes a broad law, such as the Clean Air Act, which sets general goals for improving air quality. However, the law doesn't specify the exact permissible levels of every pollutant from every type of vehicle or factory. Congress delegates this task to the Environmental Protection Agency (EPA). The EPA then uses its quasi-legislative power to develop detailed regulations, such as setting specific limits on nitrogen oxide emissions for new cars or establishing permissible levels of sulfur dioxide for power plants. These detailed regulations have the force of law, and car manufacturers or power companies must comply with them. The EPA is not an elected legislature, but its rules act like laws because they implement and elaborate on a congressional statute.

• Example 2: Food and Drug Administration (FDA) Drug Approval Process

  The U.S. Congress passes laws requiring that all new drugs sold to the public be proven safe and effective. It does not, however, specify every step of the testing process or the exact data required for approval. Instead, Congress grants the Food and Drug Administration (FDA) the quasi-legislative power to create these detailed requirements. The FDA develops comprehensive regulations outlining the phases of clinical trials, the types of scientific evidence pharmaceutical companies must submit, and the review procedures for new drug applications. These FDA regulations are legally binding on drug manufacturers, dictating how they must develop and test medications before they can be sold to consumers.

• Example 3: Occupational Safety and Health Administration (OSHA) Workplace Safety Rules

  Congress passes the Occupational Safety and Health Act, which broadly mandates that employers provide a workplace free from recognized hazards. To implement this general requirement, Congress empowers the Occupational Safety and Health Administration (OSHA) with quasi-legislative power. OSHA then develops highly specific regulations, such as mandating the use of fall protection equipment on construction sites above a certain height, setting maximum exposure limits for specific hazardous chemicals, or requiring employers to provide safety training for employees operating certain machinery. These detailed OSHA rules are legally enforceable, and businesses must adhere to them to avoid penalties, even though they were created by an administrative agency rather than directly by Congress.