State RegulationsTX specificDifficulty 2/5
A licensed Texas agent is the respondent in a contested case brought by the department. Under the contested-case provisions of Texas Government Code Chapter 2001, including section 2001.051, what procedural right does the agent have?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under Texas Government Code 2001.051, which applies to department contested cases, a 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. Because the department's cease and desist and sanction proceedings are contested cases under Chapter 2001, this is the due-process floor the department must meet before it can act against a license. In practice the agent should expect a docketed hearing rather than an informal desk decision.
Why the other options are wrong
- A) Reasonable notice is required; the department cannot decide a contested case without notifying the party.
- B) Administrative enforcement is heard as a contested case; there is no jury trial right before agency action takes effect.
- C) The hearing right does not shield a licensee from the department's statutory authority to examine and obtain records.
Memory hook
Contested case: reasonable notice, then respond and argue every issue.