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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person dissatisfied with the final decision of the director may appeal the decision by filing a petition as provided by Subchapter G, Chapter 2001, Government Code. 1
(b) The district or county attorney or the attorney general shall represent the director in the appeal, except that an attorney who is a full-time employee of the department may represent the director in the appeal with the approval of the attorney general.
(c) The court in which the appeal is filed shall:
(1) set the matter for hearing after 10 days' written notice to the director and the attorney representing the director; and
(2) determine whether an enforcement action of the director shall be suspended pending hearing and enter an order for the suspension.
(d) The court order takes effect when served on the director.
(e) The director shall provide a copy of the petition and court order to the attorney representing the director.
(f) A stay under this section may not be effective for more than 90 days after the date the petition for appeal is filed. On the expiration of the stay, the director's enforcement action shall be reinstated or imposed. The department or court may not extend the stay or grant an additional stay.
(g) Judicial review of the final decision of the director is under the substantial evidence rule.
Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 548.408. Judicial Review of Administrative Action - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-548-408/
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 before relying on it for your legal needs.
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