BARRY & BARRY v. DEP'T OF MOTOR VEH.

No. 42033.

81 Wn.2d 155 (1972)

500 P.2d 540

BARRY AND BARRY, INC., et al., Respondents, v. THE DEPARTMENT OF MOTOR VEHICLES et al., Appellants.

The Supreme Court of Washington, En Banc.

August 24, 1972.


Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and David R. Minikel, Assistant, for appellants.

Culp, Dwyer, Guterson & Grader, Robert A. Keolker, and David F. Berger, for respondents.


FINLEY, J.

The issue in this case is the constitutional validity of a regulation of a state administrative agency; namely, Washington Administrative Code 308-33-010 of the Department of Motor Vehicles, which established a schedule of maximum fees which can be charged by employment agencies. The trial court held this administrative regulation invalid on the grounds that (1) the right to exercise such administrative authority was not delegated by statute, and (2) in...

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