| (a) In disciplinary matters, actions by the board as
Petitioner against a licensee, the board's pleadings shall be styled
"Complaint" or "Formal Complaint". Except in cases of temporary suspension,
a Complaint shall be filed only after notice of the facts or conduct
alleged to warrant the intended action has been sent to the licensee's
address of record and the licensee has an opportunity to show compliance
with the law for the retention of a license as provided in §2001.054
of the Administrative Procedure Act (APA), and §164.004(a) of
the Act.
(b) Upon timely receipt, as set forth in §187.13(c)(4)(B)
of this title (relating to Informal Board Proceedings Relating to
Licensure Eligibility), from a licensure applicant, of a request for
an appeal before SOAH of the board's determination of ineligibility,
the board shall file a request to docket and a Statement of Issues
with SOAH.
(1) Applicant must timely file a petition with SOAH
in order to initiate a contested case at SOAH. Such petition shall
be filed by applicant no more than 30 days after receipt of the board's
Statement of Issues filed with SOAH. Applicant shall comply with all
other provisions relating to formal proceedings as set out in this
subchapter.
(2) An applicant who notifies the board of their intent
to appeal the board's determination of ineligibility to SOAH, as required
under paragraph (1) of this subsection, and subsequently fails to
timely file a petition with SOAH, shall be deemed to have withdrawn
their intent to appeal the board's ineligibility determination to
SOAH.
(3) Prior to initiating a contested case at SOAH, an
applicant may request to withdraw their intent to appeal the board's
ineligibility determination to SOAH by notifying the board in writing
prior to filing a petition.
(4) If an applicant fails to timely notify the board
of their intent to appeal the board's determination of ineligibility,
as described in this subsection, such failure to take timely action
shall be deemed a withdrawal.
(5) A withdrawal of intent to appeal the board's determination
of ineligibility to SOAH or a deemed withdrawal, due to failure to
timely take appropriate action, shall be deemed acceptance by applicant
of the board's ineligibility determination.
(6) An application for licensure shall not expire while
the application is the subject of a contested case, however, applicants
shall be required to update any information that is a part of their
applications.
|
| Source Note: The provisions of this §187.24 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective August 3, 2014, 39 TexReg 5749; amended to be effective July 9, 2015, 40 TexReg 4354 |
