Judicial Review of the Findings of Fact Made by Texas Administrative Agencies in Contested Cases

Abstract

Discusses the Texas Administrative Procedure and Texas Register Act and its applications to administrative law. The article reviews the basic nature, functions, and purposes of agency findings of fact and assigns them place and meaning in the administrative adjudication process. The article then discusses the treatment given to administrative fact findings by Texas courts in their judicial review of contested cases and suggest a more direct and analytical judicial review of agency fact finding. The article includes a study of a Texas Supreme Court case which the author proposes demonstrates serious misconceptions about important administrative law concepts.