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WOOLEY v. STATE FARM FIRE AND CAS. INS. CO.

No. 2004-CA-0882.

893 So.2d 746 (2005)

J. Robert WOOLEY in his Capacity as Acting Commissioner of Insurance, State of Louisiana v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, Honorable Murphy J. Foster in his Capacity as Governor of Louisiana, Anne Wise in her Capacity as Director of the Division of Administrative Law, and Allen Reynolds in his Capacity as Director of the Department of State Civil Service.

Supreme Court of Louisiana.

Rehearing Denied February 25, 2005.

Attorney(s) appearing for the Case

Stone Pigman Walther Wittmann L.L.C., William D. Treeby, Wayne J. Lee, Stephen G. Bullock, Sarah L. House, New Orleans, Vivian Broussard Guillory, Baton Rouge; Sutterfield & Webb, LLC, Cavid A. Webb, New Orleans, for applicant.

Charles C. Foti, Jr., Attorney General, Jill L. Craft, Assistant Attorney General, Colleen Noel Wertz, Assistant Attorney General; Charles H. Braud, for respondent.

M. Dwayne Johnson, Shannan Sweeney Rieger, Charles S. McCowan, Jr., Baton Rouge, for amicus curiae Louisiana Chemical Association.

Alfred William Speer, II, Thomas Taylor Townsend, Natchitoches, for amicus curiae Louisiana Legislature.

Mary Florence Quaid, Baton Rouge, Alfred William Speer, II, for amicus curiae Louisiana House of Representatives.

Jerry J. Guillot, Baton Rouge, Glenn Alan Koepp, for amicus curiae Louisiana Senate.

Paul R. Baier, for amicus curiae Paul R. Baier.

KIMBALL, Justice.

At issue in this appeal is the constitutionality of the provisions of Act 739 of 1995 and Act 1332 of 1999, which, inter alia, create the Division of Administrative Law (hereinafter "DAL"), transfer the authority to conduct adjudications for certain agencies to the DAL, provide that the agencies shall have no authority to override the decision or order of the administrative law judge (hereinafter "ALJ") employed by the DAL, and preclude the...

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