Texas Department of Protective and Regulatory Services v. Mega Child Care, Inc.

Summary

The Texas Supreme Court considers whether a child-care facility license holder may obtain judicial review of an administrative decision revoking the license. The Court holds that Texas Government Code section 2001.171 provides an independent statutory right to judicial review of a contested-case decision when the agency’s enabling statute neither specifically authorizes nor prohibits review. The Court affirms the court of appeals’ reversal and remand.

Holdings

1. Section 2001.171 of the Texas Administrative Procedure Act creates an independent right to judicial review of a final contested-case decision when the person has exhausted available administrative remedies and is aggrieved by the decision, even if the agency's enabling statute neither specifically authorizes nor prohibits judicial review.
2. Section 2001.171 provides a limited waiver of sovereign immunity for suits seeking judicial review of covered agency contested-case decisions.
3. The 1997 sunset legislation did not prohibit judicial review of a contested-case decision revoking a child-care facility license under Human Resources Code section 42.072.

Questions Presented

1. Whether section 2001.171 of the Texas Administrative Procedure Act creates an independent right to judicial review of a final contested-case decision when the agency's enabling statute neither specifically authorizes nor prohibits judicial review.
2. Whether section 2001.171 provides a limited waiver of sovereign immunity for a suit seeking judicial review of an agency contested-case decision.
3. Whether the 1997 sunset legislation governing child-care facility license revocations intended to prohibit judicial review by deleting former section 42.072(e) of the Human Resources Code.

Disposition

affirmed