Patricia Mosley v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services
Patricia Mosley challenged her placement on the Employee Misconduct Registry by the Texas Department of Family and Protective Services. She sought judicial review without filing a motion for rehearing, relying on a misleading agency letter and regulation. The Supreme Court of Texas affirmed that a motion for rehearing is a jurisdictional prerequisite for judicial review under the Administrative Procedures Act. However, the court also ruled that the agency's affirmative misrepresentation regarding the appeal process violated Mosley's due process rights, preventing her from exhausting administrative remedies. The case was remanded to the Health and Human Services Commission to allow Mosley to file a motion for rehearing, thereby restoring her opportunity for judicial review.