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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 91HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §91.8Judicial Review

(a) In accordance with Texas Government Code, §2001.145, a decision that is final under §91.6(c)(2) - (4) of this chapter (relating to Issuance and Finality of Decision) is appealable; however, a timely motion for rehearing is a prerequisite to appeal a decision that is final under §91.6(c)(2) of this chapter.

(b) In accordance with Texas Government Code, §2001.171, a person who has exhausted all administrative remedies at DADS and who is aggrieved by a final decision in a contested case is entitled to judicial review under Texas Government Code, Chapter 2001.

(c) In accordance with Texas Government Code, §2001.176(b)(3), filing a petition to initiate judicial review of a contested case does not affect the enforcement of a final decision for which the manner of review authorized by law is other than trial de novo.


Source Note: The provisions of this §91.8 adopted to be effective January 27, 2011, 36 TexReg 278

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