Judicial Review of an Agency Decision: The Implications of the Texas Supreme Court's Landmark Mega Child Care, Inc. Decision
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This comment discusses due process and judicial review in relation to administrative action. It extensively looks at the Texas Administrative Procedure Act and the case law that preceded Mega Child Care, Inc.. Next, it covers how the APA is interpreted after the Texas Supreme Court’s recent Mega Child Care, Inc. decision. Then it analyzes when a party is entitled to such a contested case proceeding by looking at the definition of “contested case”, the scope of contested case proceedings in Texas, and the broad construction definition of “contested case”. Finally, it explores policy arguments in favor of the broad construction definition, and how this could help aggrieved citizens while providing checks for agency power.