Texas Government Code 2306.049 – Decision by Court
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(a) Judicial review of a board order imposing an administrative penalty is under the substantial evidence rule.
(b) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
Terms Used In Texas Government Code 2306.049
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(c) If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed and may award the person reasonable attorney’s fees.