Texas Administrative Code

Texas Administrative Code

TITLE 19	EDUCATION
PART 7	STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 249	DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES
SUBCHAPTER E	POST-HEARING MATTERS
RULE §249.40	Motion for Rehearing; Administrative Finality; Appeal

(a) A motion for rehearing of the State Board for Educator Certification's (SBEC's) decision in a contested case and the determination of administrative finality shall be governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.

(b) A motion for rehearing unsupported by satisfactory evidence shall be overruled. This subsection does not limit the overruling of a motion for rehearing on other grounds or by operation of law.

(c) Appeals from a final order of the SBEC shall be under the substantial evidence standard of review and governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.

(d) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals. Texas Education Agency's services in preparing a record for appeal at the request of another party shall be reimbursed on the same basis as the charges for providing public information pursuant to 1 Texas Administrative Code, Part 3, Chapter 70 (relating to Cost of Copies of Public Information).

Source Note: The provisions of this §249.40 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533