| (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; amended to be effective March 6, 2022, 47 TexReg 947 |
