Texas Register
TITLE 22 EXAMINING BOARDS
PART 9TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 187PROCEDURAL RULES
SUBCHAPTER FTEMPORARY SUSPENSION PROCEEDINGS
RULE §187.59Evidence
ISSUE 10/29/2004
ACTION Final/Adopted
Preamble Texas Admin Code Rule
(a)In accordance with the APA, §2001.081, the determination of the disciplinary panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.

(b)Questioning of witnesses by the parties or panel members shall be under the control of the chair of the disciplinary panel with due consideration being given to the need to obtain accurate information and prevent the harassment or undue embarrassment of witnesses.

(c)In receiving information on which to base its determination of a continuing threat to the public welfare, the disciplinary panel may accept the testimony of witnesses by telephone.

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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