Can the case info from an Administrative case/regulatory licensee be used in a state district civil court? This is a Texas Motor vehicle dealer complaint.
Country relating to Question: United States
State (if USA): Texas
As object of the complaint - I feel the investigator and his report were incredibly one sided. This is a Goliath v David, or Franchised Dealer v very small used car dealer. The final judge in the DMV reversed the investigator. I did nothing wrong and am determined to protect my reputation! So, back to my question - can any or all of the investigative material from that report be used in the district court?
It absolutely may be submitted and considered by the judge in district court. The judge in civil court may consider the evidence that was before the lower administrative board as per the Texas Administrative Procedure Act and determine if the administrative decision was based on substantial evidence of the facts that were submitted.
Thank you! The franchised VW dealer has a bad temper it seems. This started in 2007. I hired the law firm that represents Texas Ind Auto Dealers. Big Mistake! The investigator was a Ted Hernandez. As a former intelligence analyst overseas - I know how to write and document. This Hernandez even called Sterling P Robertson owner of Sterling VW - and told him I would be charged with 2 counts of fraud! However, the judge, a RichardRussell stated he disagreed and closed the file. I did hire another lawyer, sorry. However there may be more down the line! Do you have the code etc that allows the above?
My pleasure. And it is actually a good thing that you retained your own attorney to represent you. The relevant code is actually cited from "A court review of the Board's final order is governed by the "substantial evidence" standard of the Texas Administrative Procedure Act (APA). See id. § 2001.074 (West 2008). This standard requires that we reverse or remand a case for further proceedings "if substantial rights of the appellant have been prejudiced because the administrative findings, conclusions, or decisions" are (A) in violation of a constitutional or statutory provision, (B) in excess of the agency's statutory authority, (C) made through unlawful procedure, (D) affected by other error of law, (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Id. § 2001.174(2)(A)-(F). See: Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559, 562 (Tex. 2000)."
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
Did I make it clear that the investigator told the Complainant ....I was going to be charged....but the chief Judge reversed and Iwas not charged and case was closed? However the civil dust case remains? Thank you again for your advice and information!
Okay, but I'm not certain what you're now asking?
Not a question ..just a clarification. The Civil case is nearly 5 years old. The Plaintiff was encouraged by the bias of the investigator per personal contact even though he was reversed. It was/ is a, "do you still beat your Morher?" sort of thing. This was information only. The vehicle drove well etc. now it has sat in the hot Texas Sun. Amazing what a vexatious man with fund$ can do! Thank you again!
My pleasure. Best of luck to you in the civil suit and hopefully you get it dismissed ASAP!
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