Use of Declaratory Judgments to Review Agency Action

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07_7TexTechAdminLJ71(2006).pdf (1.38 MB)

Date

2006

Authors

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

This 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.

Description

Keywords

Administrative law, Declaratory judgment, Administrative agency, Uniform Declaratory Judgments Act, UDJA, Administrative Procedure Act, APA, City of Sherman v. Public Utility Commission, Texas Department of Public Safety v. Moore, Texas Department of Banking v. Mount Olivet Cemetery Association, City of Waco v. Texas Natural Resource Conservation Commission, Juliff Gardens, L.L.C. v. Texas Commission on Environmental Quality, Texas Municipal Power Agency v. Public Utility Commission, Ben Robinson v. Texas Worker’s Compensation Commission, Bayou Water Co. & Sand Supply v. Texas Natural Resource Conservation Commission, Texas State Board of Podiatric Medical Examiners v. Texas Orthopaedic Association, State Board of Insurance v. Deffebach, Texas Municipal Power Agency, TMPA

Citation

7 Tex. Tech J. Tex. Admin. L. 71

URI

http://hdl.handle.net/2346/73995

Collections

Texas Tech Administrative Law Journal