promulgation of a formal rule (Texas) · Go Syfert
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promulgation of a formal rule in Texas

6 Texas opinions name it 1 courts 1999–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Brinkley v. Texas Lottery Commissiongreen
texapp · 1999 · cited in 4 Texas opinions naming this issue, 2004–2015
2 sentences

2015No claim to original U.S. Government Works. 6 Brinkley v. Texas Lottery Com'n, 986 S.W.2d 764 (1999) The very text of the APA rejects the theory that every agency pronouncement regarding “law,” “policy,” and procedural “requirements” requires the promulgation of a formal rule.

2004If every expression by the agency as to Alaw,@ Apolicy,@ and procedural Arequirements@ requires the promulgation of a formal rule, the agency could no longer exercise its Ainformed discretion@ to choose adjudication as a means of making law and policy, rather than rulemaking, a choice we have repeatedly said an agency has when it possesses both adjudicatory and rulemaking powers. 986 S.W.2d 764, 769 (Tex. App.CAustin 1999, no pet.) (citations omitted).

44
Madden v. Texas Board of Chiropractic Examinersgreen
texapp · 1983 · cited in 3 Texas opinions naming this issue, 1999–2015
2 sentences

2015See, e.g., Madden v. Texas Bd. of Chiropractic Exmr's, 663 S.W.2d 622, 626 (Tex.App.—Austin 1984, writ ref'd n.r.e.); *770 State Bd. of Ins. v. Deffebach, 631 S.W.2d 794, 799 (Tex.App.—Austin 1982, writ ref'd n.r.e.).

1999See, e.g., Madden v. Texas Bd. of Chiropractic Exmr’s, 663 S.W.2d 622, 626 (Tex.App.—Austin 1984, writ ref'd n.r.e.); State Bd. of Ins. v. Deffebach, 631 S.W.2d *770 794, 799 (Tex.App.—Austin 1982, writ ref'd n.r.e.).

33
State Board of Insurance v. Deffebachgreen
texapp · 1982 · cited in 2 Texas opinions naming this issue, 1999–2015
2 sentences

2015See, e.g., Madden v. Texas Bd. of Chiropractic Exmr's, 663 S.W.2d 622, 626 (Tex.App.—Austin 1984, writ ref'd n.r.e.); *770 State Bd. of Ins. v. Deffebach, 631 S.W.2d 794, 799 (Tex.App.—Austin 1982, writ ref'd n.r.e.).

1999See, e.g., Madden v. Texas Bd. of Chiropractic Exmr's , 663 S.W.2d 622, 626 (Tex. App.--Austin 1984, writ ref'd n.r.e.); State Bd. of Ins. v. Deffebach , 631 S.W.2d 794, 799 (Tex. App.--Austin 1982, writ ref'd n.r.e.).

22
Cadle Co. v. Estate of Weavergreen
tex · 1994 · cited in 2 Texas opinions naming this issue, 1999–1999
2 sentences

1999Comm'n , 883 S.W.2d 179, 188-89 (Tex. 1994). (8) The very text of the APA rejects the theory that every agency pronouncement regarding "law," "policy," and procedural "requirements" requires the promulgation of a formal rule.

1999Comm’n, 883 S.W.2d 179, 188-89 (Tex.1994). 8 The very text of the APA rejects the theory that every agency pronouncement regarding “law,” “policy,” and procedural “requirements” requires the promulgation of a formal rule.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Texas Workers' Compensation Commission v. Patient Advocates of Texas green
tex · 2004
2 sentences

2004As articulated by the supreme court, given the hundreds of medical fees the Commission was charged with establishing and the complexity of some fees, it seems reasonable that the Commission would choose to proceed on an ad hoc basis pending the setting of those fees.7 Patient Advocates, 2004 Tex. LEXIS 477, at *32-37 .

2004As articulated by the supreme court, given the hundreds of medical fees the Commission was charged with establishing and the complexity of some fees, it seems reasonable that the Commission would choose to proceed on an ad hoc basis pending the setting of those fees. (7) Patient Advocates , 2004 Tex. LEXIS 477, at *32-37 .

32004–2004
Teladoc, Inc. v. Texas Medical Board and Nancy Leshikar, in Her Official Capacity as General Counsel of the Texas Medical Board green
texapp · 2014
1 sentence

2015Brinkley v. Tex. Lottery Comm’n, 986 S.W.2d 764, 769 (Tex. App.—Austin 1999, no pet.); see also id. at 770 (noting “the straight-jacket of rulemaking”). 14 The other course is to avail itself of what the Third Court evidently (but erroneously) believed was a meaningful constraint on its decision: issue statements that are “unofficial, individually directed, tentative or other[wise] non-proscriptive.” Teladoc, 2014 WL 7464833, at *11 .

12015–2015

Statutes the citing opinions construe

TX § Tex. Lab. Code § 413.011 (3) TX § Tex. Lab. Code § 413.031 (3) TX § Tex. Penal Code § 47.01 (3) USC § 42u.s.c.1983 (3) USC § 42u.s.c.1985 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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