An administrative agency can adopt only such rules as are authorized by and consistent with its statutory authority|In deciding whether an agency has exceeded its rule-making powers, the determinative factor is whether the rule’s provisions are in harmony with the general objectives of the act involved|Beyond the authority of the Commission, as we construe subsection 32.0248(h) of the Human Resources Code, the term \\"affiliate\\" connotes an element of control between entities and, to the extent the Commission’s proposed rule defining the term does not include any element of control between entities, a court would likely consider it to be inconsistent with subsection 32.0248(h) and thus|Affiliate
Opinion File
  • ga0845.pdf