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Texas Register

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 187	PROCEDURAL RULES
SUBCHAPTER F	TEMPORARY SUSPENSION PROCEEDINGS
RULE §187.58	Procedures before the Disciplinary Panel
ISSUE	10/29/2004
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(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 by Board Staff;

(8)Presentation of evidence 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 18, 2004

TRD-200406291

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: November 7, 2004

Proposal publication date: September 10, 2004

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

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