ADMINISTRATIVE LAW

SPRING 2008

In Re Southwestern Bell Telep. Co., L.P., 235 S.W.3d 619 (Tex. 2007)

Mandamus is Available to Prevent the Trial Court From Entertaining a UDJA Action When the Agency Has Exclusive Jurisdiction: If an agency has exclusive jurisdiction over a matter, to allow parties to proceed by way of declaratory judgment would disrupt the orderly processes of government. Mandamus will lie in order to prevent hardship and is an exception to the general rule that mandamus is not available to correct incidental trial court rulings.

Tex. Dept. of Public Safety v. Pierce, 238 S.W.3d 832 (Tex. App.—El Paso 2007)

Rules: Mandatory or Directory?: Whether an agency failed to follow its own rules is a question of law. Rules are construed in the same manner as statutes. The primary goal of the court is to give effect to the agency’s intent in adopting the rule. To determine whether a rule is mandatory or directory, the court’s primary objective is to determine and give effect to the agency’s intent. Although there is no bright-line test, provisions which are primarily for the purpose of promoting the proper, orderly and prompt conduct of business are not generally regarded as mandatory. Also, if the provision directs that a certain act be done at a certain time and does not provide for consequences should the act not be performed, the provision is generally directory.