Appeals and Motions for Rehearing
When facing a disciplinary action from the Texas Board of Nursing, a nurse may find his or herself appealing a decision that has been rendered. The appeals process begins once the Texas Board of Nursing enters a Board Order. However, before an appeal can be filed with the Travis County District Court, your Texas nursing license defense lawyer must first file a motion for rehearing. This must be done first as case law deems the motion for rehearing as “jurisdictional,” which prohibits the District Court from hearing an appeal if a motion for rehearing has not been filed.
Appealing issues with the Texas Board of Nursing can be extremely complicated, as it involves a complex process and in-depth knowledge. Your nursing license is integral to your livelihood and should be protected by someone with experience in this area of law. Contact our Texas nursing license defense attorneys of the Leichter Law Firm at 512-495-9995 today to discuss your defense and appeal.
Legalities of the Motion of Hearing
The purpose of the motion for rehearing is to give the Board of Nursing notice of the issues you intend to appeal. Theoretically, it can also provide the Board with an opportunity to render a correct decision that does not need to be appealed. However, this is extremely rare. The motion for rehearing must contain all grounds for appeal. Except for certain special cases, such as constitutional arguments, the District Court cannot hear your appellate issue if it was not presented in the motion for rehearing.
Our nursing license defense lawyers are very familiar with this process and know how to litigate both at the SOAH and district court level. This dual layer of experience is very important, as even an appeal well supported by a favorable PFD will be dismissed for want of jurisdiction by the district court if a timely motion for rehearing has not been filed.
Timelines for the Process
The motion for rehearing is also governed by a number of highly technical deadlines, which frequently trip up even highly competent attorneys unfamiliar with administrative law. A motion for rehearing must be filed within 20 days after the Board enters its order. Frequently the Board does not rule on the motion for rehearing within 45 days of its decision, making the decision appealable. If the Board denies the motion for rehearing, then the decision immediately becomes appealable. Once the decision becomes appealable, your Texas nursing license appeals attorney can file a petition for judicial review with the Travis County District Court. This is legally mandated as an appeal from a Board of Nursing Order may only be filed in a district court in Travis County, according to the Administrative Procedure Act.
Additionally, the window for filing the administrative appeal is limited to the 30 days after the decision becomes appealable. After those 30 days you can no longer appeal an adverse decision by the Board of Nursing, making the Board’s Order essentially unchallengeable. The Leichter Law Firm’s Texas nursing license defense lawyers possess substantial experience drafting motions of rehearing and petitions for judicial review, thus ensuring that all your issues are argued and presented in a timely manner.
Our attorneys have prosecuted numerous administrative appeals before the Texas Board of Nursing as well as other Texas licensing authorities, such as the Texas Medical Board. Drafting a Motion for Rehearing and filing an appeal is a complex process fraught with many fatal pitfalls, which are unknown to most attorneys. One of our experienced Texas nursing license defense attorneys can realistically assess a nurse’s likelihood of success, navigate the motion for rehearing process, and file an appeal challenging a final order entered by the Texas Board of Nursing in a timely manner. Find out more about the appeals process, including the next steps, by calling 512-495-9995 today.