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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) The commission's decision to deny a certificate of approval may be appealed to a district court in Travis County.
(b) Unless stayed by the court on a showing of good cause, the commission's decision may not be superseded during the appeal.
(c) On the filing of the lawsuit, citation shall be served on the commission. The commission shall prepare a complete record of all proceedings had before the commission or hearing examiner and shall certify a copy of the proceedings to the court. Trial before the court shall be on the basis of the record made before the commission or hearing examiner, and the court shall make its decision based on the record. The commission's decision shall be affirmed by the court if the court finds substantial evidence in the record to justify the decision, unless the court finds the order to be:
(1) arbitrary and capricious;
(2) in violation of the constitution or laws of this state; or
(3) in violation of rules promulgated by the commission pursuant to this chapter.
(d) The decision of the trial court is subject to appeal in the same manner as any other civil lawsuit under the Texas Rules of Civil Procedure.
Cite this article: FindLaw.com - Texas Education Code - EDUC § 132.102. Judicial Appeal - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-132-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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