Agencies, Follow Your Statutes: The Substantial Evidence Rule in Judicial Review of Administrative Agency Decisions

Date

2003

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

This article will examine the history of the substantial evidence rule in Texas jurisprudence. Part II of this paper will examine some of the early cases involving the substantial evidence rule. Part III of the paper will examine more recent cases regarding the substantial evidence rule. Finally, Part IV of the paper will examine the recent Park Haven case, including the administrative agency record, and discuss the state agency's failure to demonstrate substantial evidence. In sum, this article instructs challengers of agency decisions about how to prepare for a substantial evidence review.

Description

Keywords

Evidence, Administrative agency, Texas Administrative Procedures Act, Park Haven, Inc. v. Texas Department of Human Services, Substantial evidence rule, Substantial evidence

Citation

4 Tex. Tech. J. Tex. Admin. L. 137