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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	08/30/2002
ACTION	Proposed

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 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.

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 19, 2002

TRD-200205437

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Earliest possible date of adoption: September 29, 2002

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

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