Tex.
Health & Safety Code Section 253.005
Notice; Judicial Review
(a)
The department shall give notice of the order under Section 253.004 (Hearing; Order) to the employee alleged to have committed the reportable conduct. The notice must include:(1)
separate statements of the findings of fact and conclusions of law;(2)
a statement of the right of the employee to judicial review of the order; and(3)
a statement that the reportable conduct will be recorded in the registry under Section 253.007 (Employee Misconduct Registry) if:(A)
the employee does not request judicial review of the determination; or(B)
the determination is sustained by the court.(b)
Not later than the 30th day after the date on which the decision becomes final as provided by Chapter 2001 (Administrative Procedure), Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the determination, the department shall record the reportable conduct in the registry under Section 253.007 (Employee Misconduct Registry).(c)
Judicial review of the order:(1)
is instituted by filing a petition as provided by Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure), Government Code; and(2)
is under the substantial evidence rule.(d)
If the court sustains the finding of the occurrence of the reportable conduct, the department shall record the reportable conduct in the registry under Section 253.007 (Employee Misconduct Registry).
Source:
Section 253.005 — Notice; Judicial Review, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.253.htm#253.005 (accessed Apr. 29, 2024).
