MAY DECLARE THAT VIOLATION OF ANY RULE PROMULGATED UNDER THAT AUTHORITY IS A CRIME.
EXAMPLES FROM BOTH FEDERAL AND STATE JURISPRUDENCE MAY CLARIFY THIS MATTER. IN GRIMAUD, CONGRESS DIRECTED THE U.S. SECRETARY OF AGRICULTURE TO OVERSEE AND PROTECT VARIOUS FOREST PRESERVES. TO ASSIST THE SECRETARY IN HIS DUTY, CONGRESS IMBUED HIM WITH AUTHORITY TO PROMULGATE RULES FOR USE OF THE PRESERVES. CONGRESS ALSO DECREED THAT VIOLATIONS OF THE SECRETARY'S RULES WOULD BE CRIMES. CONGRESS FURTHER FIXED PENALTIES FOR SUCH VIOLATIONS. THE AGRICULTURE SECRETARY THEN ESTABLISHED RULES, INCLUDING ONE WHICH PROHIBITED GRAZING IN THE FOREST PRESERVES WITHOUT A FEDERAL PERMIT. GRIMAUD, 55 L.ED. AT 564.
GRIMAUD GRAZED HIS SHEEP ON ONE OF THE PRESERVES WITHOUT PERMISSION AND WAS INDICTED FOR THE CRIME. HE PROTESTED ON THE THEORY THAT CONGRESS COULD NOT DELEGATE THE POWER TO DECLARE ACTS CRIMES. GRIMAUD, 55 L.ED. AT 564-5.
THE U.S. SUPREME COURT SAID CONGRESS HAD NOT DELEGATED THE POWER. THE ACT THAT WAS THE CRIME WAS VIOLATION OF THE SECRETARY'S RULES. THE RULES THEMSELVES WERE MERE DETAILS.
"(T)HE AUTHORITY TO MAKE ADMINISTRATIVE RULES IS NOT A DELEGATION OF LEGISLATIVE POWER, NOR ARE SUCH RULES RAISED FROM AN ADMINISTRATIVE NATURE TO A LEGISLATIVE CHARACTER BECAUSE THE VIOLATION THEREOF IS PUNISHED AS A PUBLIC OFFENSE.
GRIMAUD, 55 L.ED. AT 569.
IN ATCHLEY, THE OKLAHOMA SUPREME COURT CONSIDERED A STATUTE THAT WAS SIMILAR TO THE ENVIRONMENTAL QUALITY BOARD STATUTE QUESTIONED HERE. THE EARLIER STATUTE PROVIDED:
"THE BOARD OF BARBER EXAMINERS SHALL HAVE AUTHORITY TO, AND SHALL, UNDER THE DIRECTION OF THE STATE COMMISSIONER OF HEALTH, PRESCRIBE SANITARY REQUIREMENTS FOR BARBER SHOPS, AND BARBERS AND APPRENTICE BARBERS WORKING THEREIN. ANY PERSON OPERATING A BARBER SHOP WHO KNOWINGLY PERMITS SAID SANITARY REQUIREMENTS TO BE VIOLATED, AND ANY PERSON, WHETHER OR NOT A REGISTERED BARBER OR APPRENTICE BARBER, VIOLATING SAID SANITARY REQUIREMENTS SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION BE PUNISHED BY A FINE OF NOT MORE THAN ONE HUNDRED ($100.00) DOLLARS(.)"
59 O.S. 77 (1941).
ATCHLEY SOUGHT AN INJUNCTION TO PREVENT THE BARBER BOARD FROM SEEKING CRIMINAL CHARGES AGAINST HIM FOR VIOLATION OF VARIOUS SANITARY REGULATIONS. ATCHLEY, 208 OKLA. AT 453. THE COURT DENIED THE INJUNCTION, QUOTING FROM 42 AM. JUR., PUBLIC ADMINISTRATIVE LAW, 50:
"(T)HE LEGISLATURE MAY VALIDLY PROVIDE A CRIMINAL OR PENAL SANCTION FOR THE VIOLATION OF THE RULES AND REGULATIONS WHICH IT MAY EMPOWER ADMINISTRATIVE AUTHORITIES TO ENACT."
ATCHLEY, 208 OKLA. AT 456.
QUOTING FROM 42 AM. JUR., PUBLIC ADMINISTRATIVE LAW, 49, THE COURT ALSO SAID:
"THE LEGISLATURE, HAVING DECLARED ITS POLICY AND PURPOSE AND PROVIDED STANDARDS FOR THE EXERCISE OF THE POWER, MAY CONFER UPON ADMINISTRATIVE AUTHORITIES THE POWER TO ENACT RULES AND REGULATIONS TO PROMOTE THE PURPOSE AND SPIRIT OF THE LEGISLATION AND CARRY IT INTO EFFECT, AND, EVEN THOUGH SUCH RULES AND REGULATIONS ARE GIVEN THE FORCE AND EFFECT OF LAW, THERE IS NOT VIOLATION OF THE CONSTITUTIONAL INHIBITION AGAINST DELEGATION OF THE LEGISLATIVE FUNCTION. THE AUTHORITY TO MAKE RULES TO CARRY OUT A POLICY DECLARED BY THE LAWMAKER IS ADMINISTRATIVE AND NOT