Administrative Policy Writing
Spring 2011
—Checks on State Agency Power
—Their quasi-legislative power is checked in several ways:
—The legislature itself determines the scope of an agency’s powers in the enabling statute.
—The courts decide whether an agency’s rule is outside of its delegated authority and whether it is contrary to the Texas or U.S. Constitutions.
—Rule-making must allow for public participation under the Texas Administrative Procedure Act. (More on that later.)