Kelly v. Zamarello

How courts have described this case

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

• holding that courts should assess rule’s consistency with enabling statute after determining whether “legislature has intended” to commit subject matter of rule to agency’s discretion
• holding that reasonable basis deference is appropriate in areas with \complex subject matter\
• “Applying the reasonable basis standard, we cannot say that the finding of nonresponsiveness lacked either substantial support in the record or a reasonable basis in law.”
• reasoning that a statute for competitive oil and gas leasing describing \such bonus as may be accepted by the Commissioner\ of DNR indicated \that the legislature intended to give the Commissioner broad authority to determine the kind of bonus he will accept\
• “[N]o regulation adopted is valid or effective unless consistent with the statute . . . .” (quoting former AS 44.62.030 (1967))
• “[P]ublic policy requires carefully drawn public competitive bidding standards and strict compliance with those standards.”

Source: CourtListener parenthetical corpus (CC0).