Practice question
A statute authorizes an agency to license cold-storage facilities that meet listed sanitation standards. The agency issues a rule requiring every facility also to donate part of its annual profit to an unrelated scholarship fund. The statute contains no such requirement or authorization. Which is the best analysis?
- The added donation is valid because any charitable purpose falls within licensing
- The agency may add any condition if it first holds a hearing
- The condition is valid unless Congress expressly forbids it
- The donation is automatically valid because facilities may refuse a license
- The rule exceeds implementation by adding an unrelated statutory requirement
Legal references
- Belgica v. Ochoa, G.R. Nos. 208566, 208493 and 209251, November 19, 2013, main decision: https://lawphil.net/judjuris/juri2013/nov2013/gr_208566_2013.html
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