Carrizales v. Texas Department of Protective and Regulatory Services

In Carrizales v. Texas Department of Protective and Regulatory Services, 5 S.W.3d 922, 925 (Tex. App.--Austin 1999, pet. denied), the appellant argued that his allegations, which were identical to the allegations Continental made in this case, supported his claim for inherent judicial review. The Third Court of Appeals held, without distinguishing Continental, that the allegations only supported the appellant's claim for judicial review under the Administrative Procedure Act ("APA") and did not inform the trial court that the appellant was asserting an independent constitutional right to judicial review. Accordingly, the court of appeals held that the district court properly dismissed the case for want of jurisdiction on the only ground asserted. See id. Section 2001.174 of the APA provides the grounds under which a court may reverse or remand an agency decision. TEX. GOV'T CODE 2001.174. It states that a court reviewing an agency decision: (2) shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Id. 2001.174(2)(E),(F).