Pearce Ex Rel. Structural Pest Con. Com'n v. Sharbino

223 So. 2d 126, 254 La. 143
CourtSupreme Court of Louisiana
DecidedMay 20, 1969
Docket49551
StatusPublished
Cited by15 cases

This text of 223 So. 2d 126 (Pearce Ex Rel. Structural Pest Con. Com'n v. Sharbino) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearce Ex Rel. Structural Pest Con. Com'n v. Sharbino, 223 So. 2d 126, 254 La. 143 (La. 1969).

Opinions

SANDERS, Justice.

This appeal raises the constitutionality of the Structural Pest Control Law, LSA-R.S. 40:1261-1274.

Dave L. Pearce, Louisiana Commissioner of Agriculture, acting on behalf of the Structural Pest Control Commission, sought an injunction against James Sharbino to restrain him from practicing structural pest control without a license. In his answer, Sharbino attacked the constitutionality of the Structural Pest Control Law, especially LSA-R.S. 40:1265, contending it is vague, contains no legislative standards, delegates legislative powers in violation of the Louisiana Constitution1, and denies equal protection and due process guaranteed by the Fourteenth Amendment of the United States Constitution. The district court declared the statute unconstitutional and dismissed the suit.

The Commissioner of Agriculture has appealed.2

[147]*147LSA-R.S. 40:1265 provides:

“A. Any person desiring to engage in structural pest control or eradication work shall file a written application for license with the commission. Any applicant who is qualified for examination shall be given a written examination for license by the commission, which examination shall take place not more than forty-five days from the date the application for license is filed. The examination shall take place at the domicile of the commission. All applicants for examination for license must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying insects and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health.
“B. The commission may, by majority vote, adopt rules and regulations governing the issuance of licenses for each particular type of structural pest control which, however, shall not conflict with any provision of this Part.
"C. An applicant, in order to qualify for examination for license to engage in structural pest control work, or rodent control work, must produce satisfactory evidence to the commission that he is a graduate of a college or university and has a major in entomology, or must have completed at least four years of satisfactory work under the supervision of a pest control operator who is recognized, approved and licensed by the Structural Pest Control Commission in that phase or special field of work for which a license is desired; provided, however, that any foreign applicant from a state that does not require a license to engage in entomological, structural pest control work or rodent control work, must be a graduate of a college or university and have a major in entomology, or must produce satisfactory evidence to the commission that he has completed at least four years of satisfactory work in such state under the supervision of a recognized and reputable pest control operator, in order to obtain a license in this state.”

Defendant contends the only requirement for a license is an examination of unspecified content. With no legislative standards, the examination is left to the uncontrolled discretion of the Commission, vesting that body with arbitrary power to grant or withhold a license. The defendant asserts the statute is unconstitutional, relying upon the holdings of this Court in Louisiana State Board of Embalmers v. Britton, 244 La. 756, 154 So.2d 389; Banjavich v. Louisiana Licens. Bd. for Marine Divers, 237 La. 467, 111 So.2d 505; and State v. Morrow, 231 La. 572, 92 So.2d 70.

[149]*149The Commissioner, on the other hand, contends the statute contains reasonably clear standards or guides, fixing the scope of the examination, as well as the qualifications to take it.

In Louisiana State Board of Embalmers v. Britton, supra, we held:

“Delegations by the Legislature to administrative bodies of the power to administer laws have long been recognized. Such delegations are the product of necessity arising from economic and governmental conditions of increasing complexity.
“It is well settled, however, that the Legislature must establish reasonably clear standards or guides in such a delegation to fulfill constitutional requirements. The salutary purpose of these standards is to prevent the abdication by the Legislature of its exclusive law-making power, provide meaningful guidance to the administrative body, inhibit the arbirary use of authority by that body, and serve as a basis for judicial review.”

A statute that confers arbitrary or uncontrolled power to grant or withhold a license to engage in an occupation violates the constitutional requirements. Banjavich v. Louisiana Licens. Bd. for Marine Divers, supra; 1 Am.Jur.2d, Administrative Law, § 108, p. 907.

To determine whether the present statute is unconstitutional, we must examine its provisions in the light of well established constitutional principles. Among them are salutary rules of judicial restraint. When a court can reasonably do so, it will construe a statute so as to preserve its constitutionality. Buras v. Orleans Parish Democratic Executive Committee, 248 La. 203, 177 So.2d 576; Bauman v. Ross, 167 U.S. 548, 17 S.Ct. 966, 42 L.Ed. 270; United States v. Harriss, 347 U.S. 612, 74 S.Ct. 808, 98 L.Ed. 989; 16 Am.Jur.2d, Constitutional Law, § 144, p. 345. Moreover-, when a statute is susceptible of two interpretations, one making it unconstitutional and the other constitutional, the interpretation sustaining constitutionality should be adopted. Borden v. Louisiana State Board of Education, 168 La. 1005, 123 So. 655, 67 A.L.R. 1183.

The licensing requirements of the present statute may be divided into two classes: qualifications to take the examination and guides for the examination.

Subsection C sets forth the qualifications to take the examination. A resident applicant must produce “satisfactory evidence” that he is a college graduate with a major in entomology, the science dealing with insects, or that he has completed -four years of “satisfactory work” under the supervision of a licensed pest control operator.

[151]*151Defendant attacks the qualification provision, contending the language “satisfactory evidence” and “satisfactory work” leaves an applicant’s qualifications to the uncontrolled discretion of the Commission. We think not.

The phrase “satisfactory evidence” is a common one in law. It means that competent evidence which satisfies an unprejudiced mind of the existence of a fact. Houle v. Tondreau Bros. Co., 148 Me. 189, 91 A.2d 481. In the present context, “satisfactory work” means work that meets the minimum standards of apprenticeship generally prevailing in the occupation. Neither of the phrases invests the Commission with unfettered discretion. They represent objective standards. Commission rulings based on them are subject to judicial review.

Subsection A of the statute deals with the examination. The examination must be in writing; it must be given within forty-five days from the filing of the application; it must be given at the domicile of the Commission. The final sentence provides:

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Pearce Ex Rel. Structural Pest Con. Com'n v. Sharbino
223 So. 2d 126 (Supreme Court of Louisiana, 1969)

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Bluebook (online)
223 So. 2d 126, 254 La. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearce-ex-rel-structural-pest-con-comn-v-sharbino-la-1969.