Texas Statutes
Subchapter B. Administrative Penalty; Administrative Sanction
Section 153.058. Appeal of Decision

Sec. 153.058. APPEAL OF DECISION. (a) The supreme court shall adopt rules governing appeals under this subchapter.
(b) The rules must require the appeal to be made to a special committee consisting of three regional presiding judges. If the alleged violation involves a certified guardian, the committee must consist of two regional presiding judges and the presiding judge of the statutory probate courts.
(c) An appeal must be filed not later than the 30th day after the date the commission's order is issued.
(d) The special committee shall consider the appeal under an abuse of discretion standard of review for all issues except issues involving questions of law. The standard of review for issues involving questions of law is de novo.
(e) The special committee may confer in writing with a certification, registration, or license holder who is in the same profession as the person appealing the commission's order if the special committee provides to the person:
(1) notice of the special committee's request for information; and
(2) a copy of the certification, registration, or license holder's response.
(f) If the special committee sustains the finding that a violation occurred, the special committee may:
(1) uphold or reduce the amount of any penalty and order the person to pay the full or reduced amount of the penalty; and
(2) uphold or reduce any other sanction and order the imposition of the sanction.
(g) If the special committee does not sustain the finding that a violation occurred, the special committee shall order that a penalty is not owed and that a sanction may not be imposed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.01, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 16, eff. September 1, 2017.