My question involves a driver's license issued by the State of: Texas
Does anyone here have experience using the Administrative Procedure Act (APA) with regards to their states Transportation Code?
The thought process goes like this (Texas Specifically):
The Texas Transportation Code (TTrC) is enforced by the Texas Department of Public Safety (DPS).
Both of which are "Agencies" as stated within the APA.
As an agency they are required to utilize the Administrative Hearing process for any contested cases.
In order to initiate a contested case, you must send a letter to the issuing agency requesting an Administrative hearing.
After this, they must then give notice of a contested case to the parties involved and conduct the hearing which operates much like civil court.
The judicial court (traffic court) would only have appellate jurisdiction in all contested cases.
The state must exhaust all administrative remedies before proceeding in judicial court.
The judicial court has no subject matter jurisdiction as it only has appellate jurisdiction, therefore it must dismiss the case until an administrative hearing has taken place.
I can point out all the specific relevant statutes and codes that say this. I've already drafted my motions for dismissal. I'm just wondering if anyone else has utilized this before and successes or lessons learned.
Short story gist is the legislative branch (state congress) gives the executive branch (agencies) the ability to write it's own rules with the force of law (statutes) and the ability to adjudicate any issues (administrative hearings). The executive branch has basically the power to write laws, enforce laws, and then judge those laws... but all administrative hearings can be appealed to a true judicial branch court and thus bring back into play the separation of powers. If they "jump the gun" by trying to take you to court before exhausting their administrative remedies, you can call them on it, demand due process, and keep out of court.
Other half of the story is that the Texas Transportation Code is for commercial motor vehicles not my private property or the utilization thereof for my travel upon the public roads and highways in a non-commercial sense. The state has the power to regulate commerce, not travel.
Thoughts?

