[DOWNLOAD] "Robert E. Reed v. State Texas Department Licensing and Regulation" by Third District, Austin No. 3-90-088-CV Court of Appeals of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: Robert E. Reed v. State Texas Department Licensing and Regulation
• Author : Third District, Austin No. 3-90-088-CV Court of Appeals of Texas
• Release Date : January 03, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

The issue in this cause is whether a statutory conflict exists between the judicial review provisions of the Administrative Procedure and Texas Register Act (APTRA) and the act regulating auctioneers (the licensing act). Tex. Rev. Civ. Stat. Ann. arts. 6252-13a, 8700 (Supp. 1991). The Texas Department of Licensing and Regulation suspended appellant Robert E. Reed's auctioneering license on December 8, 1989, after a formal hearing. Reed did not file a motion for rehearing with the Department as required by APTRA, but instead sought judicial review from the district court of Comal County. The district court dismissed Reed's appeal for want of jurisdiction because no motion for rehearing was filed. We hold that no conflict exists between APTRA and the licensing act, and will affirm the judgment of the trial court. Reed contends that a 1977 amendment to section 7(f) of the licensing act conflicts with the general requirement in section 16(e) of APTRA that a motion for rehearing is a prerequisite for an appeal.1 In support of his contention, Reed points out that the amended licensing act in section 7(e) states that a hearing to deny, suspend, or revoke a license must be held in a manner consistent with APTRA, but no provision exists stating that judicial review must be consistent with APTRA. We find this argument unpersuasive.

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