Texas Tech Administrative Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72461
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Browsing Texas Tech Administrative Law Journal by Subject "Administrative agency"
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Item Agencies, Follow Your Statutes: The Substantial Evidence Rule in Judicial Review of Administrative Agency Decisions(Texas Tech Journal of Texas Administrative Law, 2003) Bryant, Douglas; Gadberry, Gavin J.; Pierce, Chad; Elza, Slater C.This article will examine the history of the substantial evidence rule in Texas jurisprudence. Part II of this paper will examine some of the early cases involving the substantial evidence rule. Part III of the paper will examine more recent cases regarding the substantial evidence rule. Finally, Part IV of the paper will examine the recent Park Haven case, including the administrative agency record, and discuss the state agency's failure to demonstrate substantial evidence. In sum, this article instructs challengers of agency decisions about how to prepare for a substantial evidence review.Item Justified Reasoning for Reasonable Minds: The Reasoning Behind Standards of Judicial Review of Administrative Decisions in Texas(Texas Tech Journal of Texas Administrative Law, 2000) Ornelas, Oscar JavierThis comment examines the development of Texas Judiciary’s authority to review administrative agency decisions and tracks the historical evolution of the different standards of review employed by Texas administrative agencies. This comment also reviews the evolution of the standards of review within the Texas Judicial System. The author concludes that the substantial evidence rule is ineffective to give citizens quality due process. The author suggests The Texas Supreme Court and the Legislature should cooperate in order to take preventative measures and reach a resolution to this serious problem.Item Nonlegislative Rulemaking: Is Texas Moving Toward the Federal Courts’ Perspective on Agency Policy Statements and Interpretive Rules?(Texas Tech Journal of Texas Administrative Law, 2003) Lannen, JustinThis comment examines nonlegislative rulemaking both under the federal system and in Texas. It begins by analyzing agency rulemaking powers and the role of nonlegislative rules in the administrative scheme. It covers the federal courts’ perspective on the distinction between nonlegislative and substantive rules, the developing perspective on nonlegislative rules by Texas Courts, and it suggests why and how Texas should move to a federal approach to nonlegislative rules.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 Texas Administrative Agencies Tackle Compliance with the Health Insurance Portability and Accountability Act’s Privacy Rule(Texas Tech Journal of Texas Administrative Law, 2004) Boyer, Misty C.Overall, this comment illustrates the need for HIPAA’s Privacy Standard, analyzes the Standard, and shows the impact of the Standard on Texas administrative agencies’ rulemaking. It discusses what HIPAA’s new standards provide, who must comply with HIPAA, uses and disclosures of “Protected Health Information”, individual rights granted by the privacy standard, and compliance and enforcement related to the Act. It addresses Texas’s efforts to comply with HIPAA privacy through Senate Bill 11 and the creation of the HIPAA Program Management Office, and it directly compares Chapter 181 of the Health and Safety Code with HIPAA. Then, it shows specific Texas administrative agencies compliance efforts, including: the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and Mental Retardation. Finally, it addresses the direct effects of HIPAA on the Texas Department of Insurance.Item Use of Declaratory Judgments to Review Agency Action(Texas Tech Journal of Texas Administrative Law, 2006) Bailey, JamesThis article explains ways that the Uniform Declaratory Judgments Act (UDJA) and the Administrative Procedures Act (APA) provide additional and alternative remedies that go beyond the appeal provisions of the APA. It discusses how these provisions cannot be used to duplicate the appeal remedies under the APA, but how they can be used when dealing with agencies in cases where the APA affords no relief. It explains what courts have jurisdiction to render declaratory judgments under the UDJA, how it is different from the APA, and agency authority that challenges UDJA claims. Next, it discusses declaratory judgements under the APA. Finally, it provides strategic considerations through a comparison of pursuing declaratory judgments under the UDJA and the APA.