Texas Health and Safety Code 577.018 – Judicial Review of Department Decision
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(a) An applicant or license holder may appeal from a department decision by filing notice of appeal in the district court of Travis County and with the department not later than the 30th day after receiving a copy of the department’s decision.
(b) The department shall certify and file with the court a transcript of the case proceedings on receiving notice of appeal. The transcript may be limited by stipulation.
Terms Used In Texas Health and Safety Code 577.018
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Rule: includes regulation. See Texas Government Code 311.005
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) The court shall hear the case on the record and may consider other evidence the court determines necessary to determine properly the issues involved. The substantial evidence rule does not apply.
(d) The court may affirm or set aside the department decision or may remand the case to the department for further proceedings.
(e) The department shall pay the cost of the appeal unless the court affirms the department’s decision, in which case the applicant or license holder shall pay the cost of the appeal.