Texas Education Code 132.102 – Judicial Appeal
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(a) The commission’s decision to deny a certificate of approval may be appealed to a district court in Travis County.
(b) Unless stayed by the court on a showing of good cause, the commission’s decision may not be superseded during the appeal.
Terms Used In Texas Education Code 132.102
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) On the filing of the lawsuit, citation shall be served on the commission. The commission shall prepare a complete record of all proceedings had before the commission or hearing examiner and shall certify a copy of the proceedings to the court. Trial before the court shall be on the basis of the record made before the commission or hearing examiner, and the court shall make its decision based on the record. The commission’s decision shall be affirmed by the court if the court finds substantial evidence in the record to justify the decision, unless the court finds the order to be:
(1) arbitrary and capricious;
(2) in violation of the constitution or laws of this state; or
(3) in violation of rules promulgated by the commission pursuant to this chapter.
(d) The decision of the trial court is subject to appeal in the same manner as any other civil lawsuit under the Texas Rules of Civil Procedure.