Eric Schachar v. Stephanie Muth, in Her Official Capacity as Commissioner of the Texas Department of Family and Protective Services

Summary

The Travis County District Court dismissed Eric Schachar's administrative appeal for lack of jurisdiction. The court held that the applicable regulations provide for a SOAH hearing only when the agency is preparing to release adverse information and do not authorize SOAH or judicial review in the procedural posture presented. The judgment is final and directs the district clerk to close the case.

Holdings

1. Under 40 Tex. Admin. Code §§ 707.577 and 707.579, a SOAH hearing is available only when the agency is preparing to release adverse information.
2. State law did not authorize SOAH review or judicial review in the current procedural posture of the matter.

Questions Presented

1. Whether the district court had jurisdiction to review the administrative matter in its current procedural posture.
2. Whether the applicable regulations authorized a SOAH hearing or judicial review when the agency was not preparing to release adverse information.

Disposition

dismissed