Mosley v. Texas Health & Human Services Commission (Opinion)Annotate this Case
The Supreme Court affirmed part and reversed in part the judgment of the court of appeals holding that the trial court lacked jurisdiction over Petitioner's appeal because she did not seek rehearing of an ALJ's ruling and that the agency in this case did not deprive Petitioner of due process, holding that the trial court lacked jurisdiction but that the agency violated Petitioner's right to due process.
An ALJ sustained the Texas Department of Family and Protective Services' determination that Petitioner's name be submitted to the Employee Misconduct Registry unless she timely petitioned for judicial review. In its letter, the Health and Human Services Commission failed to explain that filing a motion for rehearing was a prerequisite for judicial review. The trial court overruled the agencies' plea to the jurisdiction but ruled for them on the merits of Petitioner's appeal. The court of appeals reversed the trial court's judgment on the jurisdictional plea and rendered judgment that Petitioner's failure to seek rehearing deprived the trial court of subject matter jurisdiction. The Supreme Court held (1) the trial court lacked jurisdiction to consider Petitioner's case; but (2) the agencies deprived Petitioner of her right to judicial review by misrepresenting the proper procedures to seek judicial review of the adverse order.