Legal Opinion

Robert Bean, Franklin Shaffer, David Autrey v. Ned Ray McWherter in his capacity as Governor of the State of Tennessee, - Concurring

Tennessee Supreme Court

Decided September 8, 1997No. 01S01-9607-CH-00132PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HOLDER, Justice.

This appeal addresses the General Assembly’s power to delegate rule-making 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…

2Cases cited3 opinions

  1. Tasco Developing and Building Corporation v. LongTennessee Supreme Court · 1963
  2. State v. EdwardsTennessee Supreme Court · 1978
  3. Lobelville Special School District v. McCanlessTennessee Supreme Court · 1964

3Cited by8 opinions

  1. Gallaher v. ElamTennessee Supreme Court · 2003
  2. Bean v. McWherterCourt of Appeals of Tennessee · 1999
  3. Boyce v. Tennessee Peace Officer Standards & Training CommissionCourt of Appeals of Tennessee · 2011
  4. Robert Bean, Franklin Shaffer, David Autrey, Mack Roberts, Kevin Antle, Tom NIchols, Tammie P. Beasley, and Roxanne Luce v. Ned Ray McWherter, Governor, State of TennesseeCourt of Appeals of Tennessee · 1999
  5. STATE OF TENNESSEE v. RANDALL GRAINGERCourt of Criminal Appeals of Tennessee · 2014

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