|(a) Except as to those matters expressly delegated
to the executive director for ratification, either the Board or the
Eligibility and Disciplinary Committee of the Board, may make final
decisions in all matters relating to the granting or denial of a license
or permit, discipline, temporary suspension, or administrative and
civil penalties. This includes the consideration and resolution of
a default dismissal from the State Office of Administrative Hearings
pursuant to Texas Government Code §2001.058(d-1).
(b) A proposal for decision may be acted on by the
Board or the Eligibility and Disciplinary Committee, in accordance
with this section, after the expiration of 10 days after the filing
of replies to exceptions to the proposal for decision or upon the
day following the day exceptions or replies to exceptions are due
if no such exceptions or replies are filed.
(c) Following the issuance of a proposal for decision
or default dismissal, parties shall have an opportunity to file written
exceptions and/or briefs with the Board. An opportunity shall be given
to file a written response to written exceptions and/or briefs. An
individual wishing to file written exceptions and/or a brief for the
Board's consideration must do so no later than 15 calendar days prior
to the date of the next regularly scheduled meeting where the Board
or the Eligibility and Disciplinary Committee will deliberate on the
proposal for decision or default dismissal. The Board will not consider
any written exceptions and/or briefs submitted in violation of these
(d) A proposal for decision will be considered by the
Board in accordance with Texas Occupations Code §301.459 and
Texas Government Code Chapter 2001. Further, the Board may obtain
judicial review of any finding of fact or conclusion of law issued
by the administrative law judge, as provided by Texas Government Code §2001.058(f)(5).
(e) An order of the Board shall be in writing and may
be signed by the executive director on behalf of the Board.
(f) A copy of the order shall be mailed to all parties
and to the party's last known employer as a nurse in accordance with
Texas Occupations Code §301.469.
(g) The decision of the Board is immediate, final,
and appealable upon the signing of the written order by the executive
director on behalf of the Board where:
(1) the Board finds and states in the order that an
imminent peril to the public health, safety, and welfare requires
immediate effect of the order; and
(2) the order states it is final and effective on the
(h) Motions for rehearing under this section are controlled
by Texas Government Code Chapter 2001.
|Source Note: The provisions of this §213.23 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective November 15, 2009, 34 TexReg 7818; amended to be effective August 19, 2012, 37 TexReg 6028; amended to be effective April 19, 2016, 41 TexReg 2750; amended to be effective February 25, 2018, 43 TexReg 1094