Agency Record in Administrative Appeals

36.1. Scope

This rule applies only to cases involving judicial review of state agency decisions in contested cases under the Administrative Procedure Act.

36.2. Inclusion in Appellate Record

The record of an agency proceeding filed in the trial court may be included in either the clerk’s record or the reporter’s record.

36.3. Correcting the Record

(a) Correction by Agreement. At any stage of the proceeding, the parties may agree to correct an agency record filed under Section 2001.175(b) of the Government Code to ensure that the agency record accurately reflects the contested case proceedings before the agency. The court reporter need not recertify the agency record.

(b) Correction by Trial Court. If the parties cannot agree to a correction to the agency record, the appellate court must — on any party's motion or its own incentive — send the question to the trial court. After notice and hearing, the trial court must determine what constitutes an accurate copy of the agency record and order the agency to send an accurate copy to the clerk of the court in which the case is pending.