SAMKEL, INC. v. CREASY

No. 82-1663.

7 Ohio St. 3d 17 (1983)

SAMKEL, INC. ET AL., APPELLEES, v. CREASY, DIR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 9, 1983.


Attorney(s) appearing for the Case

Messrs. Brownfield, Bowen & Bally and Mr. John W. E. Bowen, for appellees.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Ms. Sheila P. Cooley, for appellants.


HOLMES, J.

The precise issue presented by this appeal is whether the Director of Public Welfare has, by way of R.C. Chapter 5104 or R.C. 5101.02, been granted the authority to promulgate and adopt rules with respect to licensing and regulating full-time proprietary child day care centers. The court of appeals found that rulemaking was not within the director's statutory authority as it relates to such day care centers. For the reasons stated below, we affirm.

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