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