Texas Government Code 2001.040 – Scope and Effect of Order Invalidating Agency Rule
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Terms Used In Texas Government Code 2001.040
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Rule: includes regulation. See Texas Government Code 311.005
If a court finds that an agency has not substantially complied with one or more procedural requirements of Sections 2001.0225 through 2001.034, the court may remand the rule, or a portion of the rule, to the agency and, if it does so remand, shall provide a reasonable time for the agency to either revise or readopt the rule through established procedure. During the remand period, the rule shall remain effective unless the court finds good cause to invalidate the rule or a portion of the rule, effective as of the date of the court’s order.