SECTION 705.1531. 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 Texas Government Code, Chapter 2001, Subchapters F and G. The motion for rehearing must be served on the administrative law judge and on DFPS's attorney of record.

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

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

(d) Unless citation for a petition for judicial review is served on DFPS within 90 days after the date on which the order under review becomes final, DFPS submits the employee's name for inclusion in the Employee Misconduct Registry. If valid service of citation is received after the employee's name has been recorded in the registry, DFPS requests that the employee's name be removed from the registry pending final disposition on judicial review.

Source Note: The provisions of this §705.1531 adopted to be effective February 1, 2021, 46 TexReg 317