Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 19. EDUCATION |
PART 2. TEXAS EDUCATION AGENCY |
CHAPTER 157. HEARINGS AND APPEALS |
SUBCHAPTER EE. INFORMAL REVIEW, HEARING FOLLOWING INVESTIGATION, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS |
DIVISION 4. STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW |
SECTION 157.1184. Standard of Review
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(a) In response to a challenge to a commissioner of education decision under or subject to the Texas Education Code, §§12.1141, 12.115, or 12.116, the administrative law judge shall conduct a hearing to consider evidence and arguments regarding the decision. Based on the evidence and arguments presented, the administrative law judge shall review the commissioner's decision. The administrative law judge shall uphold a decision by the commissioner unless the judge finds the decision is arbitrary and capricious or clearly erroneous. (b) A decision of the administrative law judge is final and may not be appealed. Source Note: The provisions of this §157.1184 adopted to be effective September 18, 2014, 39 TexReg 7334