Section 34-36
- Citation
- Section 34-36
- Parent Document
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Jurisdiction
- Rhode Island (state)
- Effective Date
- 1999-07-26
Other Sections in This Document (39)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
- Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
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- Section 34-11-22
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- Section 34-11-22
Full Text
1,284 charsSeveral cases have been cited by the parties in support of their respective positions. However, none involves a similar delegation of authority to a private entity. Among those cited is the case of Berberian v. Lussier, 87 R.I. 226, 139 A.2d 869 (1958). In Berberian v. Lussier, supra., the applicable financial responsibility statute, R.I.G.L. § 33-32-1, et. seq. required an operator of a motor vehicle who was involved in an accident to file evidence of financial responsibility. The complainant failed to comply with this requirement, and his license and registration were suspended without hearing. Berberian argued that the financial responsibility act was unconstitutional because it violated Article 10, section 1 of the Rhode Island Constitution by conferring upon the registrar of motor vehicles a judicial function. The court disagreed and concluded that the legislature, in empowering the registrar to suspend licenses and to determine the amount of surety required, was permitting the exercise of police power, not judicial power. The fact that some discretion must be exercised to execute the regulations does not make it the exercise of judicial power. The legislature may delegate the execution of regulations promulgated by them to any board or body. Id. at 234, 235.