Legal Opinion · Dissent

Louisiana Department of Agriculture & Forestry v. Sumrall

Louisiana Court of Appeal

Decided May 15, 1998No. 97 CA 0288Published

1Dissent

| iFOGG, Judge,

dissenting.

Fully understanding the benefits of the result reached by the majority, I respectfully dissent for the following reasons.

In support of the validity State Civil Service Commission Rules 1.14.1,13.10, and 14.1, the Civil Service Commission asserts, and the majority agrees, that Article X of the Constitution specifically confers broad and general rulemaking powers upon it to administer and regulate in the areas addressed by *681the above rules. I reject this contention. As with any administrative agency, the Civil Service Commission has only the power and authority…

2Cases cited5 opinions

  1. Realty Mart, Inc. v. Louisiana Bd. of Tax AppealsLouisiana Court of Appeal · 1976
  2. City of Baton Rouge v. ShortSupreme Court of Louisiana · 1977
  3. Hawkins v. STATE THROUGH DEPT. OF HEALTH AND HOSPITALSLouisiana Court of Appeal · 1993
  4. In Re Investigation of SmithLouisiana Court of Appeal · 1989
  5. Head v. Department of HighwaysLouisiana Court of Appeal · 1964

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