(a)Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Texas Medical [State ] Board [of Medical Examiners], the Texas Physician Assistant Board, and the Texas State Board of Acupuncture 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.
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 October 24, 2005
TRD-200504785 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: December 4, 2005
For further information, please call: (512) 305-7016
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