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RULE §167.6Final Action

In any contested case proceeding regarding a reinstatement or reissuance request, the order revoking or suspending a license is a final action and shall not be subject to further litigation as to its findings of fact or conclusions of law, provided, however, that the order shall be admissible in the contested case proceeding for purposes of establishing the basis for the original action. The basis of the revocation shall be considered and addressed as a factor in the best interest of the public determination in every contested case that must be addressed by the ALJ in the Proposal for Decision. The Order is relevant for purposes of subsequent efforts following revocation by the physician to demonstrate reinstatement of the license is in the best interests of the public and the applicant physician.

Source Note: The provisions of this §167.6 adopted to be effective May 21, 2000, 25 TexReg 4349; amended to be effective October 17, 2001, 26 TexReg 8069; amended to be effective April 27, 2003, 28 TexReg 3324; amended to be effective January 20, 2014, 39 TexReg 279

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