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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. §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. (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 June 9, 2003
TRD-200303445 Donald W. Patrick, MD, JD
Executive Director
Texas State Board of
Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
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