Tex. Health & Safety Code Section 577.018
Judicial Review of Department Decision

(a)

An applicant or license holder may appeal from a department decision by filing notice of appeal in the district court of Travis County and with the department not later than the 30th day after receiving a copy of the department’s decision.

(b)

The department shall certify and file with the court a transcript of the case proceedings on receiving notice of appeal. The transcript may be limited by stipulation.

(c)

The court shall hear the case on the record and may consider other evidence the court determines necessary to determine properly the issues involved. The substantial evidence rule does not apply.

(d)

The court may affirm or set aside the department decision or may remand the case to the department for further proceedings.

(e)

The department shall pay the cost of the appeal unless the court affirms the department’s decision, in which case the applicant or license holder shall pay the cost of the appeal.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.

Source: Section 577.018 — Judicial Review of Department Decision, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­577.­htm#577.­018 (accessed Apr. 29, 2024).

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Accessed:
Apr. 29, 2024

§ 577.018’s source at texas​.gov