Texas Attorney General Opinion: JM-1084 Page: 2 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. Richard L. Morgan - Page 2
with the provisions of the Administrative
Procedure and Texas Register Act (Article
6252-13a, Vernon's Texas Civil Statutes).
The Administrative Procedure and Texas Register Act
(APTRA), V.T.C.S. art. 6252-13a, was enacted to provide
minimum standards of uniform practice and procedure for
state agencies. f 1. Section 13 provides for hearings
of contested cases, including notice and record keeping
requirements. Subsection (e) of section 13 provides:
Unless precluded by law, informal disposi-
tion may be made of any contested case by
stipulation, agreed settlement, consent
order, or default.
In response to your question, we conclude that subsection
(e) does not expand the authority of the commissioner to
impose sanctions beyond those authorized in article 8700,
V.T.C.S., in a contested case on auctioneer licensure.
Since article 8700 authorizes the commissioner only to
"deny, suspend, or revoke" licenses, the commissioner has no
authority to impose a civil penalty in lieu of the sanctions
available under article 8700, V.T.C.S.
The language of subsection (e) of section 13 has
appeared in APTRA since its original enactment in 1975 and
is identical with that in section 9, subsection (d), of the
Revised Model State Administrative Procedure Act of 1961.
Acts 1975, 64th Leg., ch. 61, at 140. Numerous other states
have adopted, as part of their administrative procedure
laws, provisions identical or substantially similar to those
of section 13, subsection (e). We find no cases in Texas or
in states having provisions identical or similar to the
provisions of subsection (e) that construe such language as
expanding an agency's authority as to sanctions it may
impose or other actions it may take in a contested case.
The purpose of subsection (e) appears to be purely
procedural, i_, to allow, where the parties agree, for the
settlement or other informal disposition of contested
matters without the need of formal proceedings. See, e.g.,
Gloss v. Delaware & Hudson Rv. Co., 378 A.2d 507 (Vt. 1977).
SUMMARY Y
The Commissioner of the Texas Department
of Labor and Standards is not authorized to
impose civil penalties in contested auc-
tioneer licensure cases by the provisions of
either V.T.C.S. article 8700,. section 7, or
V.T.C.S. article 6252-13a, section 13(e).p. 5662
(JM-1084)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1084, text, August 9, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273522/m1/2/: accessed April 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.