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· 1/9/1992

Berrios v. Department of Public Welfare

Citations

  • 583 N.E.2d 856
  • 411 Mass. 587

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Department of Public Welfare decision to adopt emergency regulations eliminating certain benefits was entitled to “every presumption in its favor and is not subject to question in judicial proceedings unless palpably wrong”
  • noting that an administrative agency has “considerable leeway in interpreting a statute it is charged with enforcing”
  • enforcement of regulations should be refused only if they are “plainly in excess of legislative power”
  • agency “ ‘has considerable leeway in interpreting a statute it is charged with enforcing’ unless a statute unambiguously bars the agency’s approach”
  • “regulations are . . . void [if] their provisions cannot by any reasonable construction be interpreted in harmony with the legislative mandate” [emphasis added]
  • regulation not to be invalidated unless its provisions “cannot by any reasonable construction be interpreted in harmony with the legislative mandate”

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Wilkins, Abrams, Nolan, Greaney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.