Browsing by Author "Bennett, J. Bruce"
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Item Primary Jurisdiction in Texas: Has the Texas Supreme Court Clarified or Confused It?(Texas Tech Journal of Texas Administrative Law, 2004) Bennett, J. BruceThis article identifies and discusses the jurisdictional principles that should be considered in answering whether a court case must be abated while an agency decides an issue that affects one or more of your client’s claims for relief. First, it explains the nature of an agency’s jurisdiction, and it discusses the “primary jurisdiction” doctrine and “exhaustion doctrine”. It also examines recent decisions of the Supreme Court of Texas related to primary jurisdiction.Item The Rights of Licensed Professionals to Notice and Hearing in Agency Enforcement Actions(Texas Tech Journal of Texas Administrative Law, 2006) Bennett, J. BruceThis article examines the procedural rights to notice and hearing that the U.S. and Texas Constitutions and the Texas statutes provide to a licensed professional when the professional is the respondent in a license revocation or suspension proceeding brought by the professional’s licensing agency. In doing so, the article comments on recent decisions of the Supreme Court of Texas and the Third Court of Appeals affecting those rights.Item The Top Five Points of Error(Texas Tech Journal of Texas Administrative Law, 2003) Bennett, J. BruceThe aim of this article is to identify and discuss the points of error that have the best chance for success on appeal. It discusses how the success of administrative appeals depends on the standard of review applicable to the point of error and on your ability to pierce the presumptions that guard the agency’s decision on appeal. It focuses on these five points of error: lack of jurisdiction, lack of statutory authority, violation of the APA or other law, failure to consider relevant statutory factors or improper consideration of irrelevant factors, and constitutional violations. Finally, it addresses a new point of error that circuits are siding with and how substantial evidence claims rarely succeed.