NCJ Number
55210
Journal
Houston Law Review Volume: 15 Issue: 3 Dated: (1978) Pages: 682-708
Date Published
1978
Length
27 pages
Annotation
THE ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) OF 1976 AND ITS AIM OF ENSURING FAIR PLAY AND DUE PROCESS IN AGENCY ADMINISTRATION IS DISCUSSED.
Abstract
APTRA IS DESIGNED TO ENSURE PUBLIC PARTICIPATION IN THE AGENCY RULEMAKING PROCESS, AND TO ESTABLISH MINIMUM PROCEDURAL STANDARDS FOR ALL ADMINISTRATIVE ADJUDICATION. ONE OF THE APTRA PROTECTIONS IS THE APPLICATION OF THE RULES OF EVIDENCE DURING AGENCY ADJUDICATION. HOWEVER, DEPARTURES FROM THE RULES OF EVIDENCE ARE PERMITTED IN ORDER THAT ALL TRUTHFUL INFORMATION BE PLACED ON THE AGENCY HEARING RECORD. THE FOUR PRINCIPAL COMPONENTS OF APTRA ARE AS FOLLOWS: (1) INITIAL LIMITATIONS OF APPLICABILITY TO CONTESTED CASES ONLY; (2) THE EXCLUSION OF IRRELEVANT, IMMATERIAL, OR UNDULY REPETITIOUS EVIDENCE; (3) THE MANDATE PRESCRIBING THE USE OF THE RULES OF EVIDENCE; AND (4) THE ESCAPE CLAUSE. ALL FOUR MAJOR COMPONENTS ARE DEFINED IN ORDER TO PRESENT THE READER WITH A PROPER UNDERSTANDING OF HOW THE PROCESS WORKS. THE RELATIONSHIP OF HEARSAY EVIDENCE TO THE ESCAPE CLAUSE IS ALSO DETAILED. FURTHERMORE, EVIDENTIARY PROCESS OF APTRA IS DISCUSSED AS IT RELATES TO JUDICIAL REVIEW, STANDARDS OF PROOF, AND CONTINUING PROBLEMS IN ACHIEVING REVERSALS. IT IS CONCLUDED THAT THE RULES OF EVIDENCE AS MODIFIED IN APTRA PROVIDE AN EFFICIENT AND TIME TESTED SYSTEM FOR THE INTRODUCTION OF EVIDENCE IN AN ORDERLY AND TRUTHFUL MANNER. HOWEVER, CARE MUST BE TAKEN NOT TO MISCONSTRUCT THE STATUTORY TERMINOLOGY OF APTRA. IN ANY EVENT, APTRA REPRESENTS A MARKED INCREASE IN THE FAIRNESS AND QUALITY OF TEXAS ADMINISTRATIVE JUSTICE. FOOTNOTES ARE PROVIDED. (MLC)