| (a) Whenever it appears that a person is violating
any provision of Occupations Code, Chapter 2301; Transportation Code,
Chapter 503; or a board rule or order, an order requiring the person
to cease and desist from the violation may be entered.
(b) If it appears from specific facts shown by affidavit
or by verified complaint that one or more of the conditions in Occupations
Code, §2301.802(b) will occur before notice can be served and
a hearing held, the order may be issued without notice; otherwise,
the order must be issued after a hearing has been held to determine
the validity of the order and to allow the person who requested the
order to show good cause why the order should remain in effect during
the pendency of the contested case.
(c) Each cease and desist order issued without notice
must include:
(1) the date and hour of issuance;
(2) a statement of which of the conditions in Occupations
Code, §2301.802(b) will occur before notice can be served and
a hearing held; and
(3) a notice of hearing for the earliest date possible
to determine the validity of the order and to allow the person who
requested the order to show good cause why the order should remain
in effect during the pendency of the contested case.
(d) Each cease and desist order shall:
(1) state the reasons for its issuance; and
(2) describe in reasonable detail the act or acts to
be restrained.
(e) A cease and desist order shall not be issued unless
the person requesting the order presents a petition or complaint,
verified by affidavit, containing a plain statement of the grounds
for seeking the cease and desist order.
(f) A cease and desist order issued without notice
expires as provided in the order, but shall not exceed 20 days.
(g) A cease and desist order may be extended for a
period of time equal to the period of time granted in the original
order if, prior to the expiration of the previous order, good cause
is shown for the extension or the party against whom the order is
directed consents to the extension.
(h) The person against whom a cease and desist order
was issued without notice may request that the scheduled hearing be
held earlier than the date set in the order.
(i) After the hearing, the ALJ shall prepare a written
order, including a justification explaining why the cease and desist
order should remain in place during the pendency of the contested
case.
(j) A party may appeal to the board an order granting
or denying a motion for a cease and desist order.
(k) An appeal of an order granting or denying a motion
for a cease and desist order must be made to the board before a person
may seek judicial review of an order issued under this section.
(l) Upon appeal to a district court of an order issued
under this section, the order may be stayed by the board upon a showing
of good cause by a party.
(m) Prior to the commencement of a proceeding by SOAH,
the director is authorized to issue a cease and desist order under
this section. An ALJ shall hold a hearing to determine whether an
interlocutory cease and desist order should remain in effect during
the pendency of the proceeding.
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| Source Note: The provisions of this §215.314 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective July 6, 2010, 35 TexReg 5901; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
