Case Number
01S01-9607-CH-00132
This appeal addresses the General Assembly's power to delegate rulemaking authority to administrative agencies. The Court of Appeals held that the General Assembly could not constitutionally delegate power to the Tennessee Wildlife Resources Commission ("TWRC") to add or delete animals from the dangerous species list. We reverse and hold that the legislature may delegate power to add and delete items from a statutory schedule absent explicit guidance standards. The legislature, however, must provide a basic standard accompanied by a general policy when delegating in areas concerning public health, safety, and general welfare.
Originating Judge
Chancellor Irvin H. Kilcrease, Jr.
Case Name
Robert Bean, Franklin Shaffer, David Autrey, et al., v. Ned Ray McWherter in his capacity as Governor of the State of Tennessee, et al., - Concurring
Date Filed
Dissent or Concur
No
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