| (a) In accordance with §263.004(a) of the Act,
a license, permit, or registration shall be temporarily suspended
when the board or an executive committee of the board determines that
the continued performance of the licensee, permit holder, or registrant
(respondent) would constitute a clear, imminent, or continuing threat
to a person's physical health or well-being.
(b) An executive committee of the board shall convene
as follows:
(1) For each temporary suspension proceeding, the presiding
officer of the board shall appoint a three-member executive committee,
called "suspension panel," at least two of whom must be dentists,
to consider the information and evidence presented by board staff.
The presiding officer of the board shall 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, an alternate board member may serve on the
suspension panel upon appointment by the presiding officer.
(3) Pursuant to §551.125 of the Texas Government
Code, the suspension panel may convene via telephone conference call.
(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, board staff
shall present evidence and information to the suspension panel that
the continued practice by a person licensed or registered by the board,
or the continued performance by a person licensed or registered by
the board of a procedure for which the person holds a permit issued
by the board, would constitute a clear, imminent, or continuing threat
to a person's physical health or well-being.
(d) Order of Temporary Suspension. If a majority of
the suspension panel votes to temporarily suspend a license, permit,
or registration, 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 or attach a factual
and legal basis establishing imminent peril to the public health,
safety, or welfare, as required by §2001.054(c1) of the Texas
Government Code. The Order shall be sent by certified mail or hand-delivered
to the respondent.
(e) Temporary Suspension Without Notice. In accordance
with §263.004(b) of the Act, a license or permit may be suspended
under this section without notice to the respondent if at the time
of the suspension, board staff requests a hearing before the State
Office of Administrative Hearings (SOAH) to be held no later than
30 days after the date the temporary suspension. The hearing is referred
to as the "probable cause hearing."
(f) Notice, Continuance, and Waiver of Probable Cause
Hearing. Board staff shall serve notice of the probable cause hearing
upon the respondent in accordance with SOAH's rules. The respondent
may request a continuance of the probable cause hearing or request
to waive the probable cause hearing. If the Administrative Law Judge
(ALJ) grants the continuance request or the respondent's request to
waive of 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 30 days, and the respondent did not request a continuance
or waive the probable cause hearing, the suspended license, permit,
or registration 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, permit, or registration and
issue an order on that determination.
(h) Final Hearing. If the ALJ determines that probable
cause exists to continue the temporary suspension, SOAH shall hold
a second hearing no later than 60 days from the date of the temporary
suspension hearing. At this hearing, board staff shall present evidence
supporting the continued suspension of the license, permit, or registration
and may present evidence of any additional violations related to the
licensee, permit holder, or registrant. This hearing is referred to
as the "final hearing."
(i) Notice and Continuance of Final Hearing. Board
Staff shall send notice of the final hearing in accordance with SOAH's
rules. The respondent may request a continuance of the final hearing.
If SOAH does not hold a final hearing within 60 days of the date of
the temporary suspension hearing, and the respondent has not requested
a continuance, the license, permit, or registration is reinstated.
(j) Proposal for Decision. Following the final hearing,
the ALJ shall issue a proposal for decision on the suspension and
any other action to be taken against the license or permit holder,
for consideration by the board at its next scheduled board meeting.
(k) A temporary suspension takes effect immediately
and shall remain in effect until:
(1) a final or superseding order of the Board is entered;
or
(2) the ALJ issues an order determining that there
is no probable cause to continue the temporary suspension of the license,
permit, or registration.
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