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(a)In accordance with the Act, §164.004, an ISC is not required to be held prior to a hearing on temporary suspension or restriction. Section 164.004 further exempts a temporary suspension or restriction proceeding from the requirements of §2001.054(c), Texas Government 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 December 5, 2011
TRD-201105321 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Effective date: December 25, 2011
Proposal publication date: September 30, 2011
For further information, please call: (512) 305-7016
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