(a) A timely motion for rehearing is a prerequisite
to judicial review and must be filed in accordance with Subchapters
F and G, Chapter 2001, Government Code. The motion for rehearing must
be served on the administrative law judge and on HHSC's attorney of
record.
(b) To seek judicial review of a Hearing Order, a party
must file a petition for judicial review in a Travis County district
court, in accordance with Subchapters F and G, Chapter 2001, Government
Code.
(c) Judicial review by the court is under the substantial
evidence rule, as provided by §48.406, Human Resources Code.
(d) Unless citation for a petition for judicial review
is served on HHSC within 90 days after the date on which the order
under review becomes final, HHSC will submit the employee's name for
inclusion in the EMR. If valid service of citation is received after
the employee's name has been recorded in the registry, HHSC will request
that the employee's name be removed from the registry pending the
outcome of the judicial review in district court.
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