Hirsch v. Bartley-Lindsay Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that an agency's promulgation of an exclusive list of reasons for departing from the rules was outside the agency's authority because the legislature placed responsibility for determining \necessity of treatment\ not with the agency, but with workers compensation judges
• concluding that an agency’s promulgation of an exclusive list of reasons for departing from the rules was outside the agency’s authority because the legislature placed responsibility for determining “necessity of treatment” not with the agency, but with workers compensation judges
• noting that “[a]n agency has the power to issue binding administrative rules only if, and to the extent, the legislature has authorized it to do so,” and concluding that the rule at issue was beyond the scope of the agency’s rulemaking authority

Source: CourtListener parenthetical corpus (CC0).