Declaratory Judgments Under the Texas Administrative Procedure and Texas Register Act: An Underutilized Weapon

Abstract

In “Declaratory Judgments Under the Texas Administrative Procedure and Texas Register Act: An Underutilized Weapon,” Professor Brian Shannon discusses the history and application of Section 12 of the Administrative Procedure and Texas Register Act. He then examines the question of whether a party facing an adverse action can bypass the hearing with the agency and instead pursue a declaratory judgment. He supports this analysis with recent case law on the topic.

Professor Shannon also describes situations in which a Section 12 action is appropriate. He concludes by stressing the underutilization of Section 12 and encourages practitioners to consider incorporating this tool into their practice.

JEL Classification: K19