Texas Human Resources Code
Sec. § 48.406
Notice; Judicial Review


(a)

The department shall give notice of the order under Section 48.405 (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 employee misconduct registry under Section 253.007 (Employee Misconduct Registry), Health and Safety Code, if:

(A)

the employee does not request judicial review of the finding; or

(B)

the finding is sustained by the court.

(b)

Not later than the 30th day after the date 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 finding, the department shall send a record of the department’s findings to the Department of Aging and Disability Services to record in the employee misconduct registry under Section 253.007 (Employee Misconduct Registry), Health and Safety Code.

(c)

Judicial review of the order:

(1)

is instituted by filing a petition as provided by Subchapter G, 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 forward the finding of reportable conduct to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007 (Employee Misconduct Registry), Health and Safety Code.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 19, eff. June 19, 2009.
Source
Last accessed
Mar. 8, 2021