(concurring). We hold today that a penal inmate presumptively possessed of assets in excess of $1,750,000 is nevertheless entitled to free postage in a reasonable amount. I tend to doubt that the rule, 1979 AC, R 791.6603(2), was ever intended to compel that result, but I have great difficulty in arguing with the logic set forth in the majority opinion.
If I were to attempt to be innovative or creative in posing a potential dissent to the majority opinion, I might question the willingness of the appellate courts of this state to so willingly import into statutes a legal cause of action based on rule-making by an agency. The promulgation and publication of rules by agencies is healthy, not only for the public, but for the agencies themselves. It is of the essence of democratic self-government that the rule-maker be subject to the law. Exactly to the extent that rule-making either paralyzes an agency or leads to unintended and unwarranted results, the impulse toward rule-making will be diminished. Some foundational questions ought always to be asked. Is the rule hortatory, or is it intended to create rights in third parties? Is the person claiming a benefit under the rule within the class of persons intended to be protected? The purpose of these and other foundational questions is to ensure that law is applied consonant with its purpose. When the application of law requires a result that appears unwarranted, it is frequently because that result was unintended by the lawgiver.
A second possible issue one could raise respecting the majority opinion is whether prison inmates are members of the public under MCL 24.207(g); MSA 3.560(107)(g) for purposes germane to this case.
*31A third possible issue might address and develop the history and implementation of 1979 AC, R 791.6603(2) as well as that of the policy directive (PD-BCF-63.03) at issue in this case. Perhaps, a record could have been made tending to show that the policy directive was "merely explanatory” of the original rule and fully comported with its purpose and intent. See MCL 24.207(h); MSA 3.560(107)(h).
The problem with all these potential issues is that they were not briefed or argued by the Department of Corrections. This case involves issues of current interest in this Court and in our Supreme Court. Plaintiff Ronald Jordan presented to this Court authority supporting his claim.
This Court, after a conscientious exploration of the record and the law, feels constrained to reach the result it does today. If the Department of Corrections sees no need to challenge the arguments and authority presented to this Court by plaintiff, I will not undertake that task.
I concur.