Texas Health and Safety Code 253.005 – Notice; Judicial Review
(a) The department shall give notice of the order under § 253.004 to the employee alleged to have committed the reportable conduct. The notice must include:
(1) separate statements of the findings of fact and conclusions of law;
(2) a statement of the right of the employee to judicial review of the order; and
(3) a statement that the reportable conduct will be recorded in the registry under § 253.007 if:
(A) the employee does not request judicial review of the determination; or
(B) the determination is sustained by the court.
(b) Not later than the 30th day after the date on which the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the determination, the department shall record the reportable conduct in the registry under § 253.007.
Terms Used In Texas Health and Safety Code 253.005
- 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.
- Rule: includes regulation. See Texas Government Code 311.005
(c) Judicial review of the order:
(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(d) If the court sustains the finding of the occurrence of the reportable conduct, the department shall record the reportable conduct in the registry under § 253.007.