What are the different types of appeals in administrative law?
In Texas, appeals in administrative law generally fall into three categories: direct appeals, writs of certiorari, and appeals by original action. Direct appeals are appeals directly to a higher court from the decision of an administrative agency. This type of appeal is available in instances when the agency decision is an appealable order or is final and appealable under the agency’s statutes. Writs of certiorari are appeals from the decision of an inferior court or tribunal to an appellate court. This type of appeal usually has more detailed procedures that must be adhered to. Appeals by original action are appeals made to a court of appeals from an agency’s final decision. This type of appeal is available in cases where there is no other type of legal remedy, such as an appeal from an initial decision of an administrative agency. Each of these types of appeals is available to enforce the decisions of administrative agencies or challenge those decisions in various ways. It is important to be aware of the limitations and procedure associated with each type of appeal. An experienced attorney can help you understand your rights and determine which type of appeal is best for you.
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