BEAN v. McWHERTER


953 S.W.2d 197 (1997)

Robert BEAN, Franklin Shaffer, David Autry, Mack Roberts, Kevin Antle, Tom Nichols, Tammie Beasley, and Roxanne Luce, Plaintiffs/Appellees, v. Ned Ray McWHERTER, in his capacity as Governor of the State of Tennessee, Charles W. Burson, Attorney General of the State of Tennessee, Tennessee Wildlife Resources Commission, and Gary Myers, Director of the Wildlife Resources Agency, Defendants/Appellants.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied October 27, 1997.


Attorney(s) appearing for the Case

F. Clay Bailey, Jr., Tune, Entrekin & White, P.C., Nashville, for Plaintiffs/Appellees.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Elizabeth P. McCarter, Senior Counsel, for Defendants/Appellants.


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...

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