Texas Register
TITLE 22 EXAMINING BOARDS
PART 9TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 187PROCEDURAL RULES
SUBCHAPTER AGENERAL PROVISIONS AND DEFINITIONS
RULE §187.1Purpose and Scope
ISSUE 09/10/2004
ACTION Proposed
Preamble Texas Admin Code Rule
(a)Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Texas State Board of Medical Examiners and to govern the formal disposition of contested cases at SOAH, as required by Section 164.007(a) of the Act, that will promote just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be given a fair and impartial construction to obtain these objectives.

(b)Scope.

  (1)This chapter shall govern the initiation, conduct, and determination of proceedings required or permitted by law, including proceedings referred to SOAH.

  (2)This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers or authority of the board, board staff, or the substantive rights of any person.

  (3)This chapter shall control the practice and procedure of all board proceedings to include SOAH proceedings [unless preempted by SOAH rules or the APA].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 30, 2004

TRD-200405487

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Earliest possible date of adoption: October 10, 2004

For further information, please call: (512) 305-7016

 

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