| (a) In accordance with §507.302 of the Occupations
Code, a license shall be temporarily suspended when the Council or
an executive committee of the Council determines that the continued
practice by a licensee (respondent) would constitute a continuing
and imminent threat to the public welfare.
(b) An executive committee of the Council shall convene
as follows:
(1) For each temporary suspension proceeding, the Council
shall appoint a three-member executive committee, called a "suspension
panel," to consider the information and evidence presented by agency
staff. The suspension panel must have at least one member from the
same profession as the respondent and a majority of members from the
respondent's member board. The suspension panel shall confer with
each other and name a chair of the suspension panel.
(2) In the event of the recusal of a suspension panel
member or the inability of a suspension panel member to attend a temporary
suspension proceeding, the presiding officer for the Council may appoint
an alternate council member to serve on the suspension panel.
(3) The suspension panel may convene in-person or via
telephone, video conference, or other electronic means.
(c) Temporary Suspension Hearing. The meeting at which
the suspension panel considers a temporary suspension is a temporary
suspension hearing. At the temporary suspension hearing, agency staff
shall present evidence and information to the suspension panel that
the continued practice by a person licensed by the Council would constitute
a continuing and imminent threat to the public welfare. Notice of
the temporary suspension hearing shall be sent to the respondent no
less than 10 days before the hearing by personal service or by registered
or certified mail.
(d) Order of Temporary Suspension. If a majority of
the suspension panel votes to temporarily suspend a license, the suspension
shall have immediate effect, and the chair of the suspension panel
will sign an Order of Temporary Suspension. The Order of Temporary
Suspension shall include a factual and legal basis establishing imminent
peril to the public health, safety, or welfare, as required by §2001.054(c-1)
of the Government Code. The Order shall be sent to the respondent
by first-class mail or email.
(e) Temporary Suspension Without Notice. In accordance
with §507.302(b) of the Occupations Code, a license may be suspended
without notice to the respondent if at the time of the suspension,
agency staff request a hearing before SOAH to be held as soon as practicable
but no later than 14 days after the date of the temporary suspension.
The hearing is referred to as the "probable cause hearing."
(f) Notice, Continuance, and Waiver of Probable Cause
Hearing. Agency staff shall serve notice of the probable cause hearing
upon the respondent in accordance with SOAH's rules. The respondent
may request a continuance or waiver of the probable cause hearing.
If the ALJ grants the continuance request or the respondent waives
the probable cause hearing, the suspension remains in effect until
the suspension is considered by SOAH at the continued probable cause
hearing or at the final hearing. If the probable cause hearing is
not held within 14 days and the respondent did not request a continuance
or waive the probable cause hearing, the suspended license is reinstated.
(g) Probable Cause Hearing. At the probable cause hearing,
an ALJ shall determine whether there is probable cause to continue
the temporary suspension of the license and issue an order on that
determination.
(h) Final Hearing. The State Office of Administrative
Hearings shall hold a hearing no later than 61 days from the date
of the temporary suspension. At this hearing, agency staff shall present
evidence supporting the continued suspension of the license and may
present evidence of any additional violations related to the licensee.
This hearing is referred to as the "final hearing."
(i) Notice and Continuance of Final Hearing. Agency
staff shall send notice of the final hearing in accordance with SOAH's
rules. The respondent may request a continuance or waive the final
hearing. If a final hearing is not held within 61 days of the date
of the temporary suspension and the respondent did not request a continuance
or waive the final hearing, the license is reinstated.
(j) Proposal for Decision. Following the final hearing,
the ALJ shall issue a PFD on the suspension. The PFD may also address
any other additional violations related to the licensee.
(k) A temporary suspension takes effect immediately
and shall remain in effect until:
(1) a final or superseding order of the Council is
entered;
(2) the ALJ issues an order determining that there
is no probable cause to continue the temporary suspension of the license;
or
(3) a SOAH hearing is not timely held.
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