Appealing Termination of Car Dealership Franchise Agreement
A a vehicle dealership whose franchise has been terminated by a final order of the Board is entitled to judicial review of the order in a Travis County district court. See id. 7.01(a).
The district court reviews final actions of the Board under the substantial evidence rule. See id.
Under the substantial evidence rule, a reviewing court may not substitute its judgment for the judgment of the agency on the weight of the evidence on questions committed to agency discretion. See Tex. Gov't Code Ann. 2001.174 (West 2000).
A reviewing court must reverse or remand the case for further proceedings if the complaining party's substantial rights have been prejudiced because the agency's findings, inferences, conclusions, or decisions are:
(A) in violation of a constitutional or statutory provision;
(B) in excess of the agency's statutory authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(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)(A)-(F).