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Texas Labor Code - Section 213.032. Service Of Notice Of Assessment; Contents As Prima Facie Evidence; Judicial Review; Effect

Legal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Section 213.032. Service Of Notice Of Assessment; Contents As Prima Facie Evidence; Judicial Review; Effect

§ 213.032. SERVICE OF NOTICE OF ASSESSMENT;  CONTENTS AS 
PRIMA FACIE EVIDENCE;  JUDICIAL REVIEW;  EFFECT.  (a) A notice of 
assessment shall be served in the manner provided by law for service 
of process on a defendant in a civil action in district court.
	(b)  A notice of assessment is prima facie evidence of the 
truth of contents of the notice.  The incorrectness of the notice 
may be shown.
	(c)  An employer aggrieved by the determination of the 
commission as stated in a notice of assessment may file a petition 
for judicial review of the assessment with a Travis County district 
court not later than the 30th day after the date on which the notice 
of assessment is served.  A copy of the petition must be served on a 
member of the commission or on a person designated by the commission 
in the manner provided by law for service of process on a defendant 
in a civil action in a district court.
	(d)  If an employer does not seek judicial review under 
Subsection (c), a commission assessment is final for all purposes.
	(e)  An assessment that is not contested by the employer or 
that is upheld after judicial review has the effect of a final 
judgment of a district court and shall be recorded, enforced, and 
renewed in the same manner.  An assessment described by this 
subsection is a final assessment.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2001, 77th Leg., ch. 398, § 4, eff. Sept. 1, 2001.

Last modified: August 10, 2007