State RegulationsTX specificDifficulty 3/5
In a contested case brought against a Texas agent by the department, what is the agent entitled to under the Administrative Procedure Act?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Tex. Gov't Code 2001.051 provides that in a contested case each party is entitled to an opportunity for a hearing after reasonable notice and to respond and to present evidence and argument on each issue involved in the case. Those are rights of participation in the agency proceeding; there is no right to a jury trial or to the agency's internal deliberations.
Why the other options are wrong
- A) Contested cases are heard by the agency or an administrative law judge, not by a jury.
- C) Internal agency deliberations are not discoverable under the APA's participation rights.
- D) The complainant's appearance is not a condition of the department's proceeding; the agency presents its own case.
Memory hook
APA gives notice, a hearing, and a chance to respond.