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 appeals"
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Item Case Law Update(Texas Tech Journal of Texas Administrative Law, 2005)This article is a case update that seeks to provide readers with a brief overview of relevant case law decided during the past year. This case law update covers the following topics: public information, open meetings, exhaustion of remedies, judicial review, due process, rulemaking, administrative appeals, sovereign immunity, and ethics.Item Do Statutory Prerequisites Affect Jurisdiction to Hear Administrative Appeals in Texas after Dubai?(Texas Tech Journal of Texas Administrative Law, 2002) Johnson, TylerAddresses how the overruling of the Mingus exception creates subject matter jurisdiction problems for district courts. Describes different approaches that courts have taken post-Dubai, when Dubai applies, and what parties should handle the statutory prerequisites for statutory causes of actions in administrative appeals. Finally, explains three approaches that Texas could take to resolve the concerns of finality of judgments.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.