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Dorsaneo, Texas Litigation Guide
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

25-423 Dorsaneo, Texas Litigation Guide 423.syn


Judicial Review of Contested Cases


Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide discusses the judicial review of contested cases under the Administrative Procedure Act. The prerequisites for judicial review, as well as the scope and manner of that review, are covered. Forms are included for petitioning the court for judicial review on the agency record under the substantial evidence rule as well as for pure trial de novo. There are checklists and drafting guides for a Petition for Judicial Review of Administrative Action in a Contested Case, Motion for Leave to Present Additional Evidence, and responsive pleadings. There is a research guide with references to applicable provisions of the Texas Constitution, statutes, case law, law reviews, periodicals, and texts.

This chapter first explores the right to judicial review of a contested case decision, and the limitations upon that right. Next, this chapter discusses the prerequisites for judicial review including standing, the Doctrine of Primary Jurisdiction, exhaustion of administrative remedies, the effect of the failure to file a motion for rehearing, and exceptions. This section also covers the finality of the administrative decision. Next, this chapter explains the methods of judicial review, trial de novo, the substantial evidence rule, standard of review, evidence the reviewing court may consider, and grounds for reversal. Then, procedures for obtaining judicial review of an agency decision are explained in detail. Further, there is a discussion of the range of possible decisions by the reviewing court.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


Texas,Administrative law,Agency adjudication,Review of initial decisions,Judicial review,Reviewability,Factual determinations,Preclusion


Matters concerning the promulgation of administrative rules and regulations are discussed in Ch. 421, Administrative Rules.

Other proceedings before administrative agencies are covered in Ch. 422, Contested Cases.

Direct judicial proceedings initiated to obtain relief from actions of administrative agencies are covered in Ch. 424, Direct Judicial Proceedings.


See Administrative Law (Matthew Bender) for current, objective, and authoritative guidance on all aspects of administrative law and the administrative process, with special emphasis on federal agencies.

See Texas Workers' Compensation Handbook (Matthew Bender) for a valuable tool for understanding the Texas workers' compensation system under the H.B. 7 reforms, with a guide to workers' compensation claims, case summaries, and Texas statutes.

See Larson's Workers' Compensation Law (Matthew Bender) for analysis of substantive workers' compensation law, including discussion of the interaction of workers' compensation with other laws, such as the Americans with Disabilities Act, Social Security, and Longshore and Harbor Workers' Compensation Act.
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