SECTION 711.1431. How is judicial review requested and what is the deadline?

(a) A timely motion for rehearing is a prerequisite to judicial review and must be filed in accordance with Subchapters F and G, Chapter 2001, Government Code. The motion for rehearing must be served on the administrative law judge and on HHSC's attorney of record.

(b) To seek judicial review of a Hearing Order, a party must file a petition for judicial review in a Travis County district court, in accordance with Subchapters F and G, Chapter 2001, Government Code.

(c) Judicial review by the court is under the substantial evidence rule, as provided by §48.406, Human Resources Code.

(d) Unless citation for a petition for judicial review is served on HHSC within 90 days after the date on which the order under review becomes final, HHSC will submit the employee's name for inclusion in the EMR. If valid service of citation is received after the employee's name has been recorded in the registry, HHSC will request that the employee's name be removed from the registry pending the outcome of the judicial review in district court.

Source Note: The provisions of this §711.1431 adopted to be effective July 5, 2020, 45 TexReg 4525