Texas Labor Code 51.037 – Judicial Review
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(a) A person who has exhausted the person’s administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal the order.
(b) The suit must be filed not later than the 30th day after the date the final order is mailed.
Terms Used In Texas Labor Code 51.037
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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) The commission must be made a defendant in the suit.
(d) The suit must be brought in the county of the person’s residence. If the person is not a resident of this state, the suit must be brought in the county in this state in which the person has its principal place of business.
(e) Judicial review of the order of the commission is in the manner applied to an appeal from a final decision under Subtitle A, Title 4. The standard of review is under the substantial evidence rule.
(f) If the court sustains the occurrence of the violation, 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. If the court does not sustain the occurrence of the violation, the court shall order that a penalty is not owed.