Texas Labor Code 410.203 – Powers and Duties of Appeals Panel; Priority of Hearing On Remand
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(a) The appeals panel shall consider:
(1) the record developed at the contested case hearing; and
(2) the written request for appeal and response filed with the appeals panel.
(b) The appeals panel may:
(1) reverse the decision of the administrative law judge and render a new decision;
(2) reverse the decision of the administrative law judge and remand the case to the administrative law judge for further consideration and development of evidence; or
(3) affirm the decision of the administrative law judge in a case described by Section 410.204(a-1).
Terms Used In Texas Labor Code 410.203
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The appeals panel may not remand a case under Subsection (b)(2) more than once.
(d) A hearing on remand shall be accelerated and the commissioner shall adopt rules to give priority to the hearing over other proceedings.
(e) The appeals panel shall issue and maintain a precedent manual. The precedent manual shall be composed of precedent-establishing decisions and may include other information as identified by the appeals panel.