STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6287

April 19, 1985

AGRICULTURE, DEPARTMENT OF:

State soil conservation committee--service of Director of Department of Agriculture on committee by designation of Commission of Agriculture

STATE SOIL CONSERVATION COMMITTEE:

Service of Director of Department of Agriculture on committee by designation of Commission of Agriculture

The Commission of Agriculture may designate the Director of the Department of Agriculture to represent it on the State Soil Conservation Committee.

1 OAG, 1955, No 2070, p 460 (September 7, 1955), which, in part, concluded that the director of agriculture may not designate a deputy to serve on the State Soil Conservation Committee, is no longer applicable since the office of director of agriculture was abolished by operation of law.

Dr. Paul Kindinger

Director

Department of Agriculture

Ottawa North Building

Lansing, Michigan 48909

My opinion has been requested on the question whether 1 OAG, 1955, No 2070, p 460 (September 7, 1955), is still applicable. 1 OAG, 1955, No 2070, supra, concluded that the director of agriculture is not authorized by law to designate a deputy to act in his or her stead as a member of the State Soil Conservation Committee.

The Soil Conservation Districts Law, MCL 282.4; MSA 13.1784, established a State Soil Conservation Committee composed of seven members, including the commissioner of agriculture. The reference to the commissioner of agriculture is, by virtue of MCL 285.1; MSA 12.1, deemed to be made to the director of agriculture. MCL 16.278; MSA 3.29(178); transferred by a Type I transfer all of the powers, duties and functions vested by law in the director of agriculture to the head of the Department of Agriculture. As provided in MCL 16.276; MSA 3.29(176), the head of the Department of Agriculture is the Commission of Agriculture, consisting of five members appointed by the Governor by and with the advice and consent of the Senate. MCL 16.279; MSA 3.29(179). The principal executive officer of the Department of Agriculture is the Director of the Department of Agriculture, appointed by the Commission of Agriculture. MCL 16.280; MSA 3.29(180).

Although all of the powers, duties and functions of the director of agriculture were transferred to the Department of Agriculture by a Type I transfer rather than a Type III transfer, there are no residual powers, duties and functions remaining in the office of director of agriculture so that such office must be deemed to be abolished by operation of law.

It is noted that the State Soil Conservation Committee was transferred to the Department of Agriculture by a Type II transfer. MCL 16.282; MSA 3.29(182). As a result of the Type II transfer, the statutory authority, powers, duties and function of the Soil Conservation Committee are transferred to the Department of Agriculture.

Under a Type II transfer, the Soil Conservation Committee continues to exist, but it may exercise, by delegation of the Commission of Agriculture, ministerial duties only, such as conducting investigations, hearings and preparing recommendations to the Commission of Agriculture, as the head of the Department of Agriculture, and serve as an advisory body to the Commission of Agriculture. However, duties which require the exercise of judgment or discretion or which may be quasi-judicial may not be delegated to the State Soil Conservation Committee. OAG, 1965-1966, No 4479A, p 262, 278 (May 2, 1966).

MCL 16.105; MSA 3.29(5), provides:

Thus, the Commission of Agriculture is expressly empowered to make a delegation of its duties, powers and authority to the Director of the Department of Agriculture.

It is my opinion, therefore, that 1 OAG, 1955, No 2070, supra, as it relates to the authority of the director of agriculture to designate a deputy to serve on the State Soil Conservation Committee, is no longer applicable since the office of director of agriculture was abolished by operation of law. It is my further opinion that the Commission of Agriculture may designate the Director of the Department of Agriculture to represent it on the State Soil Conservation Committee.

Frank J. Kelley

Attorney General