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Texas justices hear dispute over whether SOAH ALJ order was final in Henry Carlson case
Summary
The Supreme Court of Texas on Monday heard oral argument in No. 24-0081, Henry Carlson, over whether an administrative law judge—s order from the State Office of Administrative Hearings (SOAH) became a final, appealable agency decision.
The Supreme Court of Texas on Monday heard oral argument in No. 24-0081, Henry Carlson, over whether an administrative law judge—s order from the State Office of Administrative Hearings (SOAH) became a final, appealable agency decision.
Relators— counsel John Sullivan told the court that the writ should issue because the Texas Comptroller did not sign the order required by law and the document lacks the separately stated findings of fact and conclusions of law the Government Code requires. "The court should grant the writ here because the comptroller failed to sign the order required by law," Sullivan said, arguing that without a signed agency decision there is no final agency determination under the Administrative Procedure Act.
Why it matters: The question determines the route for judicial review and whether the Carlsons forfeited administrative remedies. If the SOAH order is not final, Sullivan argued, the contested case remains pending and the…
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