31 TAC §2.24
The General Land Office proposes an amendment to §2.24,
relating to Judicial Review. The proposed amendment would add a new subsection
to §2.24, providing for the payment of the cost for preparation of the
record in the appeal of contested administrative cases. This rule would require
parties seeking judicial review of the Land Commissioner's orders to pay the
cost of preparing the record for judicial review.
Cheryl MacBride, Deputy Commissioner for Administration, has determined
that for each year of the first five years this rule is in effect, there will
be no fiscal implications for units of state or local government as a result
of enforcing or administering the rule.
Cheryl MacBride, Deputy Commissioner for Administration has determined
that for the first five years this rule is in effect the public will benefit
from this rule in that the costs associated with appeal of administrative
decisions will be borne by the parties seeking such appeal rather than by
a public agency. There is no anticipated cost to the owners of small businesses
as a result of this rule. There is no anticipated economic cost, other than
the cost of preparing the record for appeal, to persons who are required to
comply with the subsection as proposed.
Comments may be submitted in writing to Ms. Melinda Tracy, Legal Services
Division, General Land Office, 1700 North Congress Avenue, Room 626, Austin,
Texas 78701-1495; facsimile number (512) 463-6311.
This action is proposed under the Administrative Procedure Act, §2001.177,
which provides the agency with the authority to require a party who appeals
a final decision in a contested case to pay the cost of preparation of the
record of the agency proceeding that is required to be sent to the reviewing
court. This action is also proposed under the Natural Resources Code, §31.051,
which provides the Land Commissioner with the authority to make and enforce
suitable rules consistent with the law.
The amendment does not affect any statute, code or article.
§2.24.Judicial Review.
(a)
Not later than the 30th day after the date on which the
commissioner's order is final, an aggrieved party may file a petition for
judicial review.
(b)
Judicial review of the order or decision of the commissioner
shall be under the APA.
(c)
The party who appeals a final order of
the commissioner shall pay the cost of preparation of the original or certified
copy of the record of the proceeding that is required to be sent to the reviewing
court.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 22, 1999.
TRD-9908956
Larry R. Soward
Chief Clerk
General Land Office
Earliest possible date of adoption: February 6, 2000
For further information, please call: (512) 305-9129