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Agency Creation
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Administrative agencies may be created in one of three ways: 1) constitutional provisions, 2) voter initiative, or 3) statute. An agency may derive power from any combination of these three sources.
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state statute or local ordinance:
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the majority of administrative agencies are created by valid legislation authorizing their creation. A local ordinance may establish a local administrative agency if the locality has been empowered by another provision of law to create such administrative bodies.
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voter initiative
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the public may exercise its initiative power to create an administrative agency. Voter initiative is an electoral process where a percentage of voters may initiate legislative or constitutional changes by filing a formal petition to be acted upon by either the legislature or the electorate.
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constitutional provision
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: Administrative agencies created by constitutional provisions are called "constitutional agencies." These agencies may receive preferred status in that they are usually governed by constitutional provisions, occasionally circumventing traditional principles of administrative law.
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(Souce of power) enabling statute "permits what was previously prohibited or that creates new powers;" in United States law, the term most frequently refers to "a congressional statute conferring powers on an executive agency to carry out various delegated tasks."[4] Under the system of government established by the United States Constitution, legislative authority (the power to make law) is vested in the Congress.
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However, Congress delegates its rulemaking authority to a variety of executive departments, agencies, and commissions via organic and enabling statutes. Organic statutes establish and authorize administrative agencies to issue specific rules and regulations and carry out other activities to fulfill broad aims defined by Congress, while enabling statutes grant additional authority or responsibility to existing agencies