Tex. Agric. Code Section 14.066
Appeal of Department Action by Warehouse Operator

(a)

A department action or order affecting a warehouse operator under this chapter is appealable in accordance with this section unless the action involves agency rulemaking, the assessment of an administrative penalty, imposition of a license sanction, or any other action for which a specific administrative or judicial remedy is available under this chapter, Chapter 12 (Powers and Duties) of this code, or Chapter 2001 (Administrative Procedure), Government Code.

(b)

Not later than the 10th day after the date the department takes an action or issues an order described by Subsection (a), the warehouse operator may serve notice on the department to appear in a district court of Travis County or the district court of the county in which the public grain warehouse is located. The court shall fix the time of the hearing not less than 3 days or more than 20 days after the date of service of the notice.

(c)

The burden is on the warehouse operator to show by a preponderance of the evidence that the action taken or order issued by the department was not authorized under this chapter or, if authorized, was an abuse of the department’s discretion.
Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 168 (S.B. 248), Sec. 3, eff. September 1, 2011.

Source: Section 14.066 — Appeal of Department Action by Warehouse Operator, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­14.­htm#14.­066 (accessed Apr. 29, 2024).

14.001
Definitions 14.011
Limitation of Chapter 14.012
Business Information 14.013
Right to Intervene and Notification of Department 14.014
Receivership Affecting Warehouse Assets 14.015
Powers and Duties of Department 14.021
License Required 14.022
Licensing of Multiple Warehouses 14.023
Licensing Procedure 14.024
Requirement for Increasing Capacity 14.031
Bond 14.032
Additional Bond 14.033
Bond Cancellation 14.034
Cancellation of Letter of Credit 14.035
Cancellation of Certificate of Deposit or Cash 14.041
Casualty Insurance 14.042
Insurance Cancellation 14.043
Additional Insurance 14.051
Posting of License 14.052
Warehouse Operator Obligations 14.053
Receipt Forms 14.054
Issuance of Scale Weight Ticket or Receipt 14.055
Duplicate Receipts 14.056
Receipt for Grain Owned by Warehouse Operator 14.057
Records 14.058
Posting of Storage Rates or Tariffs 14.059
Inspections 14.061
Warehouse Receipt as Prima Facie Evidence 14.062
Invalid Receipts 14.063
Termination of Storage 14.064
Certain Loadout Fees Prohibited 14.065
Recovery on Bond 14.066
Appeal of Department Action by Warehouse Operator 14.071
General Penalty 14.072
Penalty for Operating Without a License 14.073
Penalty for Fraud 14.074
Penalty for Unlawful Delivery 14.075
Penalty for Fraudulently Issuing a Scale Weight Ticket or Receipt 14.076
Penalty for Changing a Receipt or Scale Weight Ticket After Issuance 14.077
Penalty for Depositing Grain Without Title 14.078
Penalty for Stealing Grain or Receiving Stolen Grain 14.079
Penalty for Interfering with Sealed Warehouse or Department Inspection or Investigation 14.081
Offense Is Violation 14.082
Discovery of Shortage 14.083
Denial, Revocation, Modification, or Suspension of License or Probation 14.084
Operation After Revocation or Suspension of a License or Probation 14.085
Injunction 14.086
Civil Penalty 14.087
Recovery of Court Costs 14.088
Venue
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 14.066’s source at texas​.gov