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Justices consider whether SOAH order was final in Carlson challenge to comptroller proceedings
Summary
The Supreme Court heard argument in 240081, Henry Carlson (relator), over whether a SOAH administrative law judge’s order was final — and therefore subject to rehearing and judicial review — or whether the comptroller must adopt or modify the ALJ’s findings and then sign a separate, final comptroller order.
The Supreme Court of Texas heard argument in 240081, Henry Carlson (relator), a mandamus petition that asks whether an order issued by a State Office of Administrative Hearings (SOAH) administrative law judge (ALJ) was final and appealable for purposes of administrative‑procedure review of a contested case referred by the comptroller.
Relators contend the ALJ’s order was not a final agency action because (1) SOAH lacks authority to issue a final, appealable order for the comptroller in this type of contested case, (2) the ALJ’s document lacked the separately stated findings of fact and conclusions of law required by Tex. Gov’t Code §2001.141(b), and (3) the comptroller retained authority to modify or adopt any ALJ proposal for decision. Relators urged the court that because the order was not final they were deprived of the statutory path to rehearing and judicial review and…
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