stating that an agency ‘See TelephoneConversation withPaulD. Cook,AssistantExecutiveDirector,TexasBoardof Professional Engineers(Sept. 14,2004). Ms. Dale Beebe Farrow - Page 4 (GA-0274) may adopt “‘only such rules as are authorized by and consistent with its statutory authority”‘
How later courts described this case
- stating that an agency ‘See TelephoneConversation withPaulD. Cook,AssistantExecutiveDirector,TexasBoardof Professional Engineers(Sept. 14,2004). Ms. Dale Beebe Farrow - Page 4 (GA-0274) may adopt “‘only such rules as are authorized by and consistent with its statutory authority”‘
- determining factor whether particular administrative agency has exceeded its rule-making powers is “that the rule’s provisions must be in harmony with the general objectives of the Act involved.”
- determining factor whether particular administrative agency has exceeded its rule-making powers is “that the rale’s provisions must be in harmony with the general objectives of the Act involved.”
- noting that agency has “informed discretion” in making decision to proceed via rulemaking or ad hoc adjudication but stating that rulemaking should be utilized except “‘[when] there is a danger that its use would frustrate the effective accomplishment of the agency’s function”
Written by the judges who cited it.
The opinion
COOK, Justice,
concurring.
I join the court’s opinion and judgment in this cause. I also write for the following reasons.
As I leave the bench, I hope and pray that each of us who occupies these seats, whether on the district court, the court of appeals or the supreme court will always remember that which is expected of us.
We are merely the temporary guardians of the courts over which we preside. These courts in turn are part of our larger system of justice. These courts are an institution, and we as judges are charged with the responsibility of protecting the dignity of our courts and our profession.
To the attorneys who appear in front of us we have an obligation to treat them with respect, to listen to their arguments, to inform ourselves of the law and to be fair and impartial.
Each of us, whether lawyer or judge, is part of the legal profession. We must never allow ourselves to forget this and our solemn duty to conduct ourselves in a manner that always reflects honor on the profession of law. To that end we must consecrate our minds, our hearts and our very souls.