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State Administrative Law

State Legislative Delegation of Authority

State v. Broom, 439 So.2d 357 (La. 1983) - This case raised the question of whether a criminal prosecution could be based on an agency rule. Excellent discussion and rejection of the non-delegation doctrine in LA. The court first upheld the prosecution, then in a rehearing recorded at the end of the opinion, the court found that the allowing criminal prosecution under an agency regulation violated separation of powers.

 

 

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