Does the district court have jurisdiction over the suit

Assignment Help Business Law and Ethics

Reference no: EM133218892

Question - Acme Company sought a permit to operate an electricity-generating facility from the Texas Public Utility Commission. The Commission denied the permit a week ago.

The Public Utility Commission's administrative rules provide:

Rule 212.004. Issuance of Permit. Upon receipt of an application for a permit to operate an electric generating facility, the commission shall review the application and issue or deny the permit pursuant to Section 212.003 by the 60th day after the date the permit application is received.

Rule 212.005. Appeal from Denial of Permit.

(a) If a permit is denied under Section 212.004, the applicant may appeal the denial to the director of a regional office of the commission within 30 days of the date of denial. The director shall review the appeal and issue or deny the permit by the 60th day after the date that the notice of appeal is received. The director shall issue written reasons for denying an appeal.

(b) If a permit appeal is denied under Subsection (a), the applicant may make a final appeal to the executive director of the commission within 14 days of the date the appeal was denied. The executive director shall review the final appeal and issue or deny the permit by the 30th day after the date that the notice of final appeal is received.

Acme Company has already lost revenue as a result of not having a permit to operate its facility, and it wishes to take legal action to get the permit as soon as possible. Acme Company filed a lawsuit in state district court seeking issuance of the permit.

Does the district court have jurisdiction over the suit? Why or why not?

Reference no: EM133218892

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