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TEXAS HEALTH INC. v. DEPT. OF HUMAN SERV.

No. 96-0969.

949 S.W.2d 313 (1997)

TEXAS HEALTH ENTERPRISES, INC., d/b/a Terrace West Nursing Center, Petitioner, v. TEXAS DEPARTMENT OF HUMAN SERVICES and Texas Department of Health, Respondents.

Supreme Court of Texas.

July 9, 1997.

Attorney(s) appearing for the Case

J. Stephen Dillawn, Austin, for petitioner.

Sharon Sanders, Dan Morales, Austin, for respondents.

PER CURIAM.

The Administrative Procedure Act (APA) provides that a party seeking judicial review of an agency's decision "shall offer, and the reviewing court shall admit, the state agency record into evidence as an exhibit." Tex. Gov't Code § 2001.175(d). The issue in this cause is whether that provision precludes an appellate court from filing an administrative record that the parties and the district court treated as admitted evidence, although it was not...

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