Judicial Review of Findings of Fact in Contested Cases Under APTRA

The growth of Texas administrative law is an interesting and excellent example of legal process. The Texas administrative law system evolved into a unique system formed by the special challenges, attitudes and beliefs of the Texas community. In 1975, after many years of study and debate, the Texas legislature enacted the Administrative Procedure and Texas Register Act (APTRA). This statute, effective in 1976, generally provides for a uniform administrative procedure to be used by agencies having statewide jurisdiction, unless application is limited by the coverage provisions or exception section. The statute creates a dual system of administrative process in Texas, consisting of those administrative actions covered by APTRA and those actions excepted and thus governed by the law as previously established. This article will examine the judicial review of findings of fact in contested cases under APTRA. In order to fully appreciate and understand the judicial interpretation of APTRA, it is necessary to consider the history and background that brought about its enactment.