Sec. 164.0072. BOARD APPEAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW. (a) The board may, before disposing of a contested case by issuing a final order, obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge by filing suit in a Travis County district court not later than the 30th day after the date the findings of fact and conclusions of law are issued.
(b) The board shall join in a suit filed under this section the respondent in the contested case for which the board seeks to obtain judicial review.
(c) The scope of judicial review under this section is the same as the scope of judicial review provided for an appeal under Section 164.009.
(d) After the court issues a final order in a suit filed under this section, the board shall dispose of the contested case by issuing a final order based on the court's final order. The respondent may not appeal a sanction ordered by the board unless the sanction exceeds the board's published sanctions guidelines.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 15, eff. September 1, 2019.
Structure Texas Statutes
Chapter 164 - Disciplinary Actions and Procedures
Subchapter A. General Provisions
Section 164.001. Disciplinary Authority of Board; Methods of Discipline
Section 164.0015. Remedial Plan
Section 164.002. Board Disposition of Complaints, Contested Cases, and Other Matters
Section 164.0025. Delegation of Certain Complaint Dispositions
Section 164.003. Informal Proceedings
Section 164.0031. Board Representation in Informal Proceedings
Section 164.0032. Roles and Responsibilities of Participants in Informal Proceedings
Section 164.0035. Dismissal of Baseless Complaint
Section 164.0036. Notice Regarding Certain Complaints
Section 164.004. Compliance With Due Process Requirements
Section 164.005. Initiation of Charges; Formal Complaint
Section 164.006. Service of Notice
Section 164.007. Administrative Hearings; Confidentiality Issues
Section 164.0071. Hearings on Certain Complaints
Section 164.0072. Board Appeal of Findings of Fact and Conclusions of Law
Section 164.008. Right to Counsel
Section 164.009. Judicial Review