finding implied authority in Act to appoint hearing examiner
How later courts described this case
- finding implied authority in Act to appoint hearing examiner
- mandating agency compliance with due process rights before affirmance of agency decision is proper
Written by the judges who cited it.
The opinion
OPINION ON REHEARING
Section VIII of appellant’s motion for rehearing asserts we erred in holding valid the Board’s punishment of reprimand because “Article 135b-6, Sec. 9(a) * * gives it powers only 1 to punish to ‘suspend or revoke a license, refuse to examine an applicant, refuse to issue a license, or refuse to renew a license’ * * ”.
Section 599.1 of Chapter 591, Part XXV Texas Structural Pest Control Board, of the Texas Administrative Code, p. 850, gives the Board the power to reprimand.
Moreover, the foregoing was assigned for the first time in appellant’s motion for rehearing and cannot be considered. Wright v. Gernandt, Tex.Civ.App. (Corpus Christi) NWH, 559 S.W.2d 864 ; Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 ; Newman v. King, Tex., 433 S.W.2d 420 .
Section IX of appellant’s motion for rehearing asserts we erred in holding valid punishment voted by the board, “because the only punishment voted by the Board * * was on motion to reprimand Plaintiff, and that if such action occurs in the future his license will be removed or suspended”.
The Board’s Order contains no such language and orders appellant reprimanded only.
Appellant’s motion for rehearing is overruled.
. Emphasis added.