Appellees have filed a motion for rehearing along with a motion to clarify our holding. Appellees ask us to narrow our holding to only invalidate the on-site portion of the audit rules in question. We decline to do so. The motion for rehearing and motion to clarify are overruled.

Before Justices Kidd, Yeakel and Patterson; Justice Patterson Dissenting

I respectfully dissent to the overruling of appellees' motion to clarify and motion for rehearing. This Court's opinion leaves the parties in an untenable position and we should, at the very least, clarify the limited portions of the rules we have addressed. I would also grant the Commission's motion for rehearing on the ground that the disputed Rules are not an unlawful delegation of the Commission's authority.

Motion for Rehearing and Motion to Clarify Overruled

Filed: July 26, 2002

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