40 Tex. Admin. Code § 705.1531 - How is judicial review requested and what is the deadline?
(a) A timely motion
for rehearing is a prerequisite to judicial review and must be filed in
accordance with Texas Government Code, Chapter 2001, Subchapters F and G. The
motion for rehearing must be served on the administrative law judge and on
DFPS's attorney of record.
(b) To
seek judicial review of a Final Order, a party must file a petition for
judicial review in a Travis County district court, in accordance with Texas
Government Code, Chapter 2001, Subchapters F and G.
(c) Judicial review by the court is under the
substantial evidence rule, as provided by Texas Human Resources Code, §
48.406.
(d) Unless citation for a petition for
judicial review is served on DFPS within 90 days after the date on which the
order under review becomes final, DFPS submits the employee's name for
inclusion in the Employee Misconduct Registry. If valid service of citation is
received after the employee's name has been recorded in the registry, DFPS
requests that the employee's name be removed from the registry pending final
disposition on judicial review.
Notes
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