Texas Health and Safety Code 314A.152 – Judicial Review of Designated Agency Action
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(a) A person aggrieved by a decision of the designated agency in granting, denying, or refusing to act on an application for a certificate of public advantage submitted under Subchapter B or revoking a certificate of public advantage issued under this chapter may appeal the final order by filing a petition for judicial review in a district court of Travis County.
(b) The filing of a petition for judicial review of a decision by the designated agency to revoke a certificate of public advantage stays enforcement of the agency’s decision.
Terms Used In Texas Health and Safety Code 314A.152
- 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.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Not later than the 45th day after the date a person files a petition for judicial review under this section, the designated agency shall submit to the district court the original copy or a certified copy of the entirety of the agency’s record regarding the decision under review. By stipulation of all parties, the record may be shortened. The district court may require or permit later corrections or additions to the record. The district court may extend the period prescribed by this subsection for submitting the agency’s record to the court.
(d) The district court shall conduct the review sitting without a jury.
(e) The district court may reverse a decision by the designated agency regarding revocation of a certificate of public advantage if the court finds that the decision is:
(1) in violation of a constitutional or statutory provision;
(2) in excess of the agency’s statutory authority;
(3) made through unlawful procedure;
(4) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(5) unsupported by substantial and material evidence in light of the record as a whole.
(f) Under Subsection (e)(5), in determining the substantiality of the evidence, the district court:
(1) shall consider other evidence that detracts from the substantiality; and
(2) may not substitute its judgment for the judgment of the designated agency on the weight of the evidence as to a question of fact.
(g) The district court shall issue a written decision setting forth the court’s findings of fact and conclusions of law. The designated agency shall add the court’s decision to the agency’s record.