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License Defense / Appeals
 An Appeal of the Findings of Fact & Conclusions of Law issued by the Administrative Law Judge at SOAH can be filed with the District Court. Furthermore, actions can be taken in District Court against the Board if their punitive measures are not consistent with the findings of the Administrative Law Judge. Usually such proceedings involve a request for injunctive relief in which the licensee asks the District Court to issue a Declaratory Order restraining the Board from acting in a specific manner.
| "appeals are usually perfected only when a matter of grave importance is unfavorably decided upon by the District Court" |
Appeals can also be made by either the Board or a health care licensee to the Court of Appeals and eventually The Texas Supreme Court. These types of appeals are usually perfected only when a matter of grave importance is unfavorably decided upon by the District Court as it affects the appealing party. Although a timely and often costly affair, the rights and remedies at stake are usually of grave importance to both parties. Moreover, many malpractice liability policies provide for the reimbursement of attorney’s fees for licensure related actions and appeals. |
