Criminal Law Commons^™

The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk

Michigan Law Review

The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: …