PETITION FOR ADMINISTRATIVE APPEAL
(Judicial Review of Final Agency Order Under the Texas Administrative Procedure Act)
[COURT STYLE HEADER]
IN THE [___th] STATE ADMINISTRATIVE COURT* OF TEXAS
(or appropriate District Court with administrative-law jurisdiction)
Cause No. [__]
[PETITIONER/PLAINTIFF],
Petitioner,
v.
[STATE AGENCY NAME],
Respondent.
[// GUIDANCE: Texas currently vests most APA appeals in Travis County district courts.
If your matter is statutorily assigned elsewhere (e.g., Public Utility Commission appeals), revise the caption accordingly.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
3.1 Parties
3.2 Jurisdiction, Venue & Governing Law
3.3 Timeliness & Exhaustion
3.4 Standard of Review
3.5 Statement of Facts
3.6 Issues Presented
3.7 Requested Relief - REPRESENTATIONS & WARRANTIES
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
1. DOCUMENT HEADER
1.1 Title. Petition for Judicial Review of Final Agency Order Pursuant to Tex. Gov’t Code ch. 2001.
1.2 Parties Identification. As set forth in § 3.1 below.
1.3 Recitals.
A. On [DATE], Respondent [AGENCY] entered its Final Order No. [____] in contested case [Docket No. ____] (the “Final Order”).
B. Petitioner is aggrieved by the Final Order and seeks judicial review under the Texas Administrative Procedure Act (“APA”).
1.4 Effective Date & Jurisdiction. This Petition is effective upon filing and is governed exclusively by Texas state administrative law.
2. DEFINITIONS
For clarity and consistency, the following terms are used with the meanings assigned below. Capitalized terms have no broader meaning unless expressly stated.
“Act” or “APA” – Texas Government Code Chapter 2001, as amended.
“Administrative Record” – The complete record compiled by Respondent under Tex. Gov’t Code § 2001.175(b).
“Agency” – [FULL LEGAL NAME OF STATE AGENCY].
“Final Order” – The written decision referenced in Recital A.
“Petitioner” – [FULL LEGAL NAME], the party seeking judicial review.
“Proceeding” – The above-captioned appeal.
“Standard of Review” – The substantial-evidence standard prescribed by the Act and discussed in § 3.4.
[// GUIDANCE: Add or delete defined terms to fit the particular agency/industry context.]
3. OPERATIVE PROVISIONS
3.1 Parties
a. Petitioner. [Petitioner Name], a [legal status; e.g., Texas corporation], with principal place of business at [address].
b. Respondent. [Agency], a state administrative agency of Texas, having its principal offices at [agency address].
3.2 Jurisdiction, Venue & Governing Law
a. Jurisdiction is proper under Tex. Gov’t Code § 2001.171 (judicial review of contested cases).
b. Venue lies in [Travis County] or as otherwise provided by statute because the agency is a state entity and the action arises under the APA.
c. Governing Law: Texas state administrative law, the APA, and applicable agency-specific statutes.
3.3 Timeliness & Exhaustion
a. Finality. The Final Order became final on [DATE].
b. Exhaustion. Petitioner has exhausted all available intra-agency remedies.
c. Filing Deadline. This Petition is filed within 30 days after the Final Order became final, satisfying Tex. Gov’t Code § 2001.176(a).
3.4 Standard of Review
The court reviews the Final Order under the substantial-evidence standard codified in the APA, giving due deference to agency fact-finding while ensuring that conclusions are reasonably supported by the record.
3.5 Statement of Facts
- Procedural Background. [Provide concise chronology of the administrative case.]
- Factual Background. [Summarize material facts leading to agency action.]
- Agency Findings/Conclusions. [Identify findings challenged.]
3.6 Issues Presented
Issue 1: Whether the Agency’s findings [identify] are supported by substantial evidence.
Issue 2: Whether the Agency misapplied governing law [cite statutory provision if certain].
Issue 3: Whether the Agency’s action violated Petitioner’s due-process rights by [specify].
3.7 Requested Relief
Petitioner respectfully requests that the Court:
a. Reverse, vacate, or modify the Final Order in whole or in part;
b. Remand the matter to the Agency with instructions consistent with the Court’s ruling;
c. Award court costs and reasonable attorneys’ fees as permitted by law; and
d. Grant all other and further relief to which Petitioner is justly entitled.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Petitioner represents that, to the best of its knowledge, all factual allegations herein are true and correct.
4.2 Standing. Petitioner possesses statutory standing as an aggrieved party under Tex. Gov’t Code § 2001.171.
4.3 Service Compliance. Petitioner will serve a true and correct copy of this Petition on the Agency’s general counsel within the statutory period.
5. COVENANTS & RESTRICTIONS
5.1 Record Preparation. Petitioner covenants to pay the cost deposit for preparation of the Administrative Record promptly upon the Agency’s request.
5.2 Cooperation. The parties shall use good-faith efforts to facilitate timely lodging of the Administrative Record.
5.3 No Arbitrability. The parties acknowledge arbitration is unavailable for this APA proceeding.
6. DEFAULT & REMEDIES
6.1 Event of Default. Failure by either party to comply with a court-ordered deadline constitutes a default.
6.2 Cure Period. The defaulting party shall have ten (10) days after written notice to cure, unless the court orders otherwise.
6.3 Remedies. Upon uncured default, the non-defaulting party may seek appropriate judicial remedies, including but not limited to motions to strike, sanctions, or default judgment consistent with the Texas Rules of Civil Procedure.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable to this administrative appeal.
7.2 Limitation of Liability. Recovery is limited to the relief authorized by statute, including any administrative penalties assessed or refunded.
7.3 Force Majeure. Court deadlines may be extended for events rendering performance impossible, upon motion and good cause shown.
8. DISPUTE RESOLUTION
8.1 Governing Law. Texas state administrative law and the APA.
8.2 Forum. Exclusive jurisdiction in the court identified in § 3.2.
8.3 Jury Waiver. This is an administrative appeal triable to the court without a jury.
8.4 Injunctive Relief. The Court retains power to issue temporary or permanent injunctive relief necessary to preserve rights pending review of the Final Order.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers. Must comply with Tex. R. Civ. P. 63–65 and are effective only upon court approval.
9.2 Assignment. Rights in this Proceeding are non-assignable absent court leave.
9.3 Severability. Any court-declared invalid portion of this Petition shall be severed, leaving the remainder effective.
9.4 Integration. This Petition, together with documents filed contemporaneously, constitutes the entire pleading for judicial review.
9.5 Electronic Signatures. Signatures executed via e-filing or other court-approved electronic means are binding.
10. EXECUTION BLOCK
Respectfully submitted this __ day of ____, 20__.
[ATTORNEY NAME]
State Bar No. __
[LAW FIRM NAME]
[Address]
[Telephone] | [Email]
Counsel for Petitioner [Name]
VERIFICATION
STATE OF TEXAS §
COUNTY OF ______ §
BEFORE ME, the undersigned authority, personally appeared [Petitioner’s Representative], who, being duly sworn, stated that the foregoing Petition is true and correct to the best of his/her knowledge and belief.
[Name], [Title]
Subscribed and sworn before me on the ___ day of ____, 20__.
Notary Public, State of Texas
My commission expires: ____
CERTIFICATE OF SERVICE
I certify that, on ____, 20__, a true and correct copy of this Petition was served on [Agency General Counsel] at [service address/email], in accordance with Tex. Gov’t Code § 2001.176(b) and the Texas Rules of Civil Procedure.
[Attorney Signature]
* If Texas establishes a specialized administrative court for APA appeals, reference that tribunal; otherwise insert the appropriate District Court (commonly the 53rd Judicial District Court, Travis County).
[// GUIDANCE: 1) Confirm any agency-specific statutes that alter the default APA timeline, venue, or standard of review.
2) Update Issues Presented (§ 3.6) to match the precise legal errors you intend to assert.
3) Always verify citation accuracy and statutory currency before filing.]