Legal Question in Administrative Law in Texas

Agency Order predicated on a previous alleged ultra vires order

If a licensee has his license revoked because he failed to pay attorney's levied against him from a previous agency order, can the revocation order still be upheld if the licensee makes a showing that the underlying fines were ''ultra vires'' and beyond the scope of the agency's power?

To make it more plain, there are two orders:

(1) Licensee ordered to attorney's fees and is reprimanded; licensee appeals but does not stay the order

(2) License is revoked for failing to pay attorney's fees while first order is pending appeal. Licensee tries to justify his non-payment on the grounds that the Board had no authority to levy the fine.

Basically, if an agency order is allegedly ultra vires, does this give the defendent the right to disregard it? And if a second agency order is rendered for failure to adhere to the first order, does this mean that the second order must fail even if it turns out the agency had no authority to enforce the first order on appeal??!?

I like to think it's like a guy going to jail. He has to go to jail until the appeals court says otherwise . . .even if the trial court messed up.

This is all hypothetical. Please help out a stressed law student. Thankful for any advice, speculation, or cases!


Asked on 8/28/07, 12:37 am

1 Answer from Attorneys
Johm Smith tom's

Re: Agency Order predicated on a previous alleged ultra vires order

It is never a safe bet to think you can avoid the consequences of ignoring an order of a court or administrative body. You have to stay the order with an appeal.

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Answered on 8/28/07, 8:59 am


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