GroundRules
Tex. Health and Safety Code § 577.018: JUDICIAL REVIEW OF DEPARTMENT DECISION.
Where this section sits in the code
- HEALTH AND SAFETY CODE
- TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY
- SUBTITLE C. TEXAS MENTAL HEALTH CODE
- CHAPTER 577. PRIVATE MENTAL HOSPITALS AND OTHER MENTAL HEALTH FACILITIES
- SUBCHAPTER A. GENERAL PROVISIONS; LICENSING AND PENALTIES
(a) An applicant or license holder may appeal from a department decision by filing notice of appeal in the district court of Travis County and with the department not later than the 30th day after receiving a copy of the department's decision.
(b) The department shall certify and file with the court a transcript of the case proceedings on receiving notice of appeal. The transcript may be limited by stipulation.
(c) The court shall hear the case on the record and may consider other evidence the court determines necessary to determine properly the issues involved. The substantial evidence rule does not apply.
(d) The court may affirm or set aside the department decision or may remand the case to the department for further proceedings.
(e) The department shall pay the cost of the appeal unless the court affirms the department's decision, in which case the applicant or license holder shall pay the cost of the appeal.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Collected 2026-08-27T01:47:17Z. Source file · JSON