(a)In accordance with the Act, §164.004, an ISC is not required to be held prior to a hearing on temporary suspension. §164.004 further exempts a temporary suspension proceeding from the requirements of §2001.054(c), TEX. GOV'T CODE. (b)To the extent practicable, in the discretion of the chair of the disciplinary panel, the sequence of events will be as follows: (1)Call to Order; (2)Roll Call; (3)Calling of the Case; (4)Recusal Statement; (5)Introductions/Appearances on the Record; (6)Opening Statements by Board Staff and Respondent; (7)Presentation of evidence [and information] by Board Staff; (8)Presentation of evidence [and information] on behalf of Respondent; (9)Rebuttal by Board Staff and Respondent; (10)Closing Arguments; (A)Argument by Board Staff; (B)Argument by Respondent; (C)Final Argument by Board Staff; (11)Deliberations; (12)Announcement of Decision; (13)Adjournment. (c)A board attorney shall be designated as Counsel to the Panel and shall be present during the hearing and deliberations by the panel and shall advise the panel on all legal issues that arise during the hearing including objections to evidence and other evidentiary matters. The Counsel to the Panel shall be permitted to ask questions of witnesses, the board staff, the attorney for the licensee and other participants in the hearing.
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-200405492 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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