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TITLE 22EXAMINING BOARDS
PART 39TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 851TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES
SUBCHAPTER EHEARINGS--CONTESTED CASES AND JUDICIAL REVIEW
RULE §851.204Costs of Administrative Hearings

(a) If a person files a suit for judicial review of an agency decision in a contested case, the TBPG shall request that the contested-case hearing be transcribed.

(b) Costs. The costs of transcribing the contested-case hearing and preparing the record for appeal in a suit for judicial review shall be paid by the party who appeals to district court.

(c) Documentation of costs. Documentation supporting the costs of transcribing the testimony in a contested-case proceeding and preparing the record for appeal shall be included in the administrative record or filed with the court.

(d) Recovery as court costs. The costs of transcribing the testimony in a contested-case proceeding and preparing the record for appeal in a suit for judicial review may be recovered as court costs.

(e) Additionally and alternatively, failure to timely pay the cost of transcribing the contested-case hearing is grounds for disciplinary action, and payment of the cost of transcribing the contested-case hearing is due no later than 60 days after the TBPG sends a request for payment and copy of the documentation of costs to the respondent's last known address as shown by the TBPG's records or to the respondent's attorney if any.

(f) The TBPG may deny a person's request to issue or renew a license, registration, or certification if the person has failed to pay the cost of transcribing the contested-case hearing.

(g) When a person pays money to the TBPG, the TBPG may first apply that money to outstanding transcript costs owed by that person before applying it to any other fee or cost.


Source Note: The provisions of this §851.204 adopted to be effective November 24, 2016, 41 TexReg 9138; amended to be effective October 31, 2018, 43 TexReg 7140

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