Texas Government Code 153.058 – Appeal of Decision
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(a) The supreme court shall adopt rules governing appeals under this subchapter.
(b) The rules must require the appeal to be made to a special committee consisting of three regional presiding judges. If the alleged violation involves a certified guardian, the committee must consist of two regional presiding judges and the presiding judge of the statutory probate courts.
Terms Used In Texas Government Code 153.058
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
- Probate: Proving a will
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(c) An appeal must be filed not later than the 30th day after the date the commission’s order is issued.
(d) The special committee shall consider the appeal under an abuse of discretion standard of review for all issues except issues involving questions of law. The standard of review for issues involving questions of law is de novo.
(e) The special committee may confer in writing with a certification, registration, or license holder who is in the same profession as the person appealing the commission’s order if the special committee provides to the person:
(1) notice of the special committee’s request for information; and
(2) a copy of the certification, registration, or license holder’s response.
(f) If the special committee sustains the finding that a violation occurred, the special committee may:
(1) uphold or reduce the amount of any penalty and order the person to pay the full or reduced amount of the penalty; and
(2) uphold or reduce any other sanction and order the imposition of the sanction.
(g) If the special committee does not sustain the finding that a violation occurred, the special committee shall order that a penalty is not owed and that a sanction may not be imposed.