Can the legislature empower an administrative agency to fill gaps in the legislative product by making rules and regulations consistent with enabling legislation?

• A. No, agencies cannot fill gaps.
• B. Yes, the legislature may endow such power to fill gaps.
• C. Yes, but only for temporary emergencies.
• D. No, only courts can fill gaps through interpretations.

Answer: (B)

Legislatures can empower administrative agencies to fill gaps in statutes by issuing rules that implement the enabling legislation. When the law is broad or silent on details, the agency’s rulemaking provides the practical means to carry out the statute’s aims, create workable standards, and address situations the Legislature couldn’t foresee. This delegation is legitimate as long as the agency acts within the authority conferred by the enabling statute and adheres to required procedures and standards. The resulting rules must be consistent with the grant of authority and consistent with constitutional limits, avoiding an impermissible overreach. Because of this framework, the legislature may endow such power to fill gaps, rather than insisting that courts or the Legislature itself spell out every detail in advance.