An unauthorized unspecific and ambiguous rule allows the administrative officer to create and apply qualification criteria without fulfilling the APA rulemaking procedures. Another reason for not permitting unbounded discretion is that such a grant authorizes the agency to circumvent the APA. In addition, requiring more specific language to avoid excessive agency discretion assures that the rule will be applied in a consistent manner. Īccordingly, in a rule that grants discretionary authority to the administrative officer, the issue is whether the rule furnishes a “reasonably clear policy or standard of action.” Thus, this discretion issue is closely related to the issue of vagueness and to the definition of a rule, which requires specificity (a rule must “implement or make specific the law enforced or administered”). This section will first discuss the source of this doctrine, then demonstrate by examples why such a rule delegating unbridled discretion is impermissible, and finally discuss the circumstances under which agency discretion is permissible.ĭiscretionary power may be delegated to administrative officersį the law furnishes a reasonably clear policy or standard of action which controls and guides the administrative officers in ascertaining the operative facts to which the law applies, so that the law takes effect upon these facts by virtue of its own terms, and not according to the whim or caprice of the administrative officers. The doctrine has been recognized as a separate concept because of its recurrence in administrative rules. Send us feedback.The unbridled discretion doctrine is a doctrine closely related to other legal concepts, including delegation of authority and the constitutional prohibition against laws that are vague. These example sentences are selected automatically from various online news sources to reflect current usage of the word 'unbounded.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. 2022 Its history is long and encompassing, truly global, virtually unbounded. 2022 The second was unbounded, shifting, physically on the move to that outside world.Ĭullen Murphy, The Atlantic, 14 Mar. Rob Toews, Forbes, 12 June 2022 But those years of proximity, familiarity, unbounded intimacy can also lead to assumptions and surface-level understanding.īritt Julious, Chicago Tribune, Deeply rooted in the meditation lifestyle has helped the studio embrace fully the world of unbounded color, texture and pattern choices.īryan Robinson, Forbes, In Motherhood, Heti decides that this kind of unbounded intimacy is incompatible with artistic self-centeredness.Īdam Kirsch, The New Republic, 22 Mar. Iris Dorbian, Forbes, 29 June 2022 Dramatic recent advances in natural language processing (NLP) are opening up virtually unbounded opportunities for value creation across the economy, as previously explored in this column. 2022 On Shoemake joining Flower One, Kellen O'Keefe, president and CEO of Flower One, expressed unbounded enthusiasm. Recent Examples on the Web Composers such as Gustav Mahler, Edward Elgar and Frederick Delius wrote gigantic, industrious works for chorus and orchestra-music of unbounded jubilance, as though the future were a grand and glorious gift just waiting to be opened.
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