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If a state agency ignores a statutory duty imposed by the legislature, what are the ramifications?

For instance, if a board issues a directive to kill one hundred wolves, and a statute reads, "To kill any amount of wolves, a state agency must first do X, Y, and Z", and the board fails to do so, what are the repercussions of the agency's actions?

1 Answer

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  • 1 decade ago
    Favorite Answer

    Your question here is a bit vague---is the board THE agency empowered by the legislature to implement this law? Agencies are responsible for promulgating rules and implementing the law. You don't say whether the legislature is state or Congress, but since you used the word statute, i have to assume it is a state legislature----the legislature can choose to, during an oversight hearing, call the agency's secretary on the carpet----if however, the agency is attempting to implement Congressional law, according to the federal arrangement, the state may face preemption by the national government---

    A little more information would be helpful :)

    profk

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