Texas Codes

Tex. Occ. Code § 164.0072 (2026)

Board Appeal Of Findings Of Fact And Conclusions Of Law

✓ current as of May 2026
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Sec. 164.0072. BOARD APPEAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW. (a) The board may, before disposing of a contested case by issuing a final order, obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge by filing suit in a Travis County district court not later than the 30th day after the date the findings of fact and conclusions of law are issued.

(b) The board shall join in a suit filed under this section the respondent in the contested case for which the board seeks to obtain judicial review.

(c) The scope of judicial review under this section is the same as the scope of judicial review provided for an appeal under Section 164.009.

(d) After the court issues a final order in a suit filed under this section, the board shall dispose of the contested case by issuing a final order based on the court's final order. The respondent may not appeal a sanction ordered by the board unless the sanction exceeds the board's published sanctions guidelines.

Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 15, eff. September 1, 2019.

Notes of Decisions
Robert W. Van Boven M.D., D.D.S. v. Scott Freshour, Margaret McNeese, Chris Palazola, Amy Swanholm, Timothy Webb, & Sherif Zaafran, M.D., in Their Off. Capacities as Officers of the Texas Med. Bd. (Tex. 2022). “The Final Order stated that “[t]his matter is hereby dismissed” and that “[t]his Order supersedes the Order of Temporary Restriction issued on February 29, 2016 and Respondent’s license to practice medicine in Texas is no longer 16 TEX. OCC. CODE § 164.0072(a). 6 restricted.”
— Tex. Occ. Code § 164.0072(a) — 1 case
Robert W. Van Boven M.D., D.D.S. v. Scott Freshour, Margaret McNeese, Chris Palazola, Amy Swanholm, Timothy Webb, & Sherif Zaafran, M.D., in Their Off. Capacities as Officers of the Texas Med. Bd. (Tex. 2022). “The Final Order stated that “[t]his matter is hereby dismissed” and that “[t]his Order supersedes the Order of Temporary Restriction issued on February 29, 2016 and Respondent’s license to practice medicine in Texas is no longer 16 TEX. OCC. CODE § 164.0072(a). 6 restricted.”
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