"Minor rules and regulations"

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Eddie Maxwell
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"Minor rules and regulations"

Post by Eddie Maxwell »

Constitution of Alabama 1901
Article III Distribution of Powers of Government.

SECTION 42
Legislative, executive and judicial departments established.
The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.

SECTION 43
Separation of powers.
In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.



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Alabama Supreme Court

As a general rule, the legislature may delegate to its own appointed administrative agencies the authority to make such minor rules and regulations as are necessary or appropriate for administration or enforcement of its general statutes.
State v. State Board of Medical Examiners, 209 Ala. 9, 95 So. 295 (1923)

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One example of what the DCNR calls a "minor rule" can be found on page 76 thru page 91 of the current Regulation Book ... Rule 220-2-.55.

Surely, the commissioner didn't lie when he swore to support our Constitutions. After all, the rule is only 15 pages long. Head Slap

Link: https://www.outdooralabama.com/sites/de ... .29.21.pdf
It is our understanding that the law making power, invested exclusively in the Legislature, cannot be delegated to any other department of the government, or to any other agency, ... State v. Vaughan, 4 So. 2d 5 (Ala. Ct. App. 1941)

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