TDD,

Your question has been answered, you just didn't like my answer.

If you insist, I'll explain the difference in a rule and a law:

A law is an act of the elected representatives in our state house and senate. The act must be written in the form outlined in our constitution. It must be considered by in a standing committee and then it must be read multiple times as required before coming before the full house for a vote. If it passes one house, it must be considered by the other house before it goes to the governor for consideration of his approval. If he does not approve, the bill must be reconsidered by the legislare before being passed or or it fails. The act must conform to the provisions of our Constitution:
Quote:
Article III Distribution of Powers of Government.

Section 42 Legislative, executive and judicial departments established.

Section 43 Separation of powers.

Article IV Legislative Department.

Section

Section 44 Composition of legislature.

Section 45 Style of laws; division of laws; laws restricted to one subject; amendment or revival of laws by title only.

Section 46 Election and terms of office of senators and representatives; vacancies in office.

Section 47 Qualifications of senators and representatives.

Section 48 Time and place of meetings of legislature; maximum length of sessions.

Section 49 Compensation of members of legislature.

Section 50 Number of senators and representatives; apportionment of legislators.

Section 51 Election of president pro tem. of senate and speaker of house of representatives; temporary president and speaker; officers of each house; each house judge of election, returns and qualifications of members.

Section 52 Quorum in each house.

Section 53 Rules of proceedings of both houses; punishment for contempt or disorderly behavior; enforcement of process; protection of members from violence, bribes, etc.; expulsion of members.

Section 54 Expulsion for corruption bar to further service in legislature; punishment for contempt or disorderly behavior not bar to indictment for same offense.

Section 55 Journal of proceedings of each house.

Section 56 Immunity of legislators.

Section 57 Doors of each house to be open; exceptions; restrictions on admittance to floor.

Section 58 Adjournment or change of place of sitting by one house without consent of other house.

Section 59 Appointment of legislators to other offices during terms for which elected.

Section 60 Conviction of certain crimes bar to eligibility for legislature and to holding state office of trust or profit.

Section 61 Laws to be passed by bills; restrictions on amendments to bills.

Section 62 Referral of bills to standing committees.

Section 63 Number of readings for bills; recordation of votes on bills; majority vote required for passage of bills.

Section 64 Procedure for amendment of bills; adoption of reports of committees of conference.

Section 65 Lotteries and gift enterprises prohibited.

Section 66 Signature of bills by presiding officer of each house; reading of bills at length may be dispensed with.

Section 67 Number, duties and compensation of officers and employees of each house.

Section 68 Extra compensation not to be granted public officer, employee, contractor, etc., after service rendered or contract made; increase or decrease of compensation of officers during term of office.

Section 69 Stationery, printing, fuel, etc., to be furnished by lowest responsible bidder; conflicts of interest.

Section 70 Revenue bills to originate in House of Representatives; preparation of general revenue bill; amendments to revenue bills by Senate; time limit for passage of revenue bills.

Section 71 Restrictions on general appropriation bill...




A rule is an act of unelected political appointees of the executive branch who are forbidden by our constitution from assuming legislative powers. Our courts have allowed our legislature to delegate rule-making authority to these agencies under the common law principles of government in England.

There is no law that delegates authority to the Commissioner of the DCNR to mandate wildlife management on privately owned or leased lands without the consent of the landowner or leaseholders.


You can read the opinion in the link below if you want to learn more about agency rules and their constituionality:
Timmons v City of Montgomery

Quote:
The State argues that Rule 760-X-.17 cures any constitutional deficiencies of § 32-5-215(d). The appellant counters that Rule 760-X-.17 was an improper attempt to circumvent the legislative process. We must agree with the appellant.

"It is a fundamental rule of constitutional law that the lawmaking authority of the legislature may not be delegated to any other department or agency, either public or private. State v. Vaughan, 30 Ala.App. 201, 4 So.2d 5 (Ala.Ct.App.1941). Therefore, when certain legislative powers are delegated to administrative or quasi-administrative officials, it is a prerequisite that adequate standards be established by the legislature so that officials to whom the powers are delegated will not legislate but, rather, will carry out the legislative will. 1266*1266 See, Commission on Medical Discipline v. Stillman, 291 Md. 390, 435 A.2d 747 (1981).

". . . .

"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)."

Evers v. Board of Medical Examiners, 516 So.2d 650, 654-55 (Ala.Civ.App.1987).