Texas Judicial

Branch

Supreme Court

24-0081 - In re Carlson 

In re Carlson

  • Case number: 24-0081
  • Legal category: Administrative Law
  • Subtype: Administrative Procedure Act
  • Set for oral argument: January 16, 2024

Case Summary

At issue in this case is whether the state Comptroller is required to issue a final order after the State Office of Administrative Hearings dismisses a case for lack of jurisdiction.

Thomas and Becky Carlson filed an administrative contested case against the Comptroller, alleging a takings claim. The Comptroller then referred the case to SOAH to conduct a contested case hearing. The Comptroller filed a motion to dismiss for lack of jurisdiction, which the administrative law judge granted. A SOAH official advised the Carlsons that the Comptroller needed to issue a final order before any further action could be taken in the case. The Carlsons requested that the Comptroller accept, reject, or modify the SOAH dismissal so that they could file a motion for rehearing, a prerequisite to seeking judicial review. The Comptroller refused, asserting that the SOAH dismissal was already a final, appealable order. By then, the deadline to file a motion for rehearing had passed.

The Carlsons sought mandamus relief in the trial court but nonsuited that action after the Comptroller filed a plea to the jurisdiction. The Carlsons then filed a petition for writ of mandamus in this Court, arguing that the Comptroller had a ministerial duty to issue a final order in their case under the Administrative Procedure Act. The Court granted argument on the petition for writ of mandamus.

 

Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.