(a) On receipt of a complaint under this subchapter, if the
executive secretary determines that a violation has occurred, the executive
secretary may, in the executive secretary's sole discretion:
(1) issue a preliminary report to the licensee assessing an
administrative penalty;
(2) order a hearing be held to suspend or revoke the licensee's
license based on the alleged violation; or
(3) take other action that the executive secretary considers
necessary.
(b) A hearing held under this section shall be conducted in
accordance with Chapter 307 of this title (relating to Practice and Procedure).
(c) At a hearing under this section, the person filing the
complaint may be designated a nonparty participant, but may not be designated
a party.
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Source Note: The provisions of this §323.4 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 2, 1992, 16 TexReg 7485; amended to be effective January 1, 2002, 26 TexReg 10534 |