16 Tex. Admin. Code § 131.25 - Commission and Board Consideration of Contested Cases

(a) Commission as decision-maker. The commission may delegate to the board, the executive director of the board, or the executive director of the department the authority to decide contested cases. Such delegation is revocable. Unless so delegated, the commission is the decision-maker of all contested cases under the Veterinary Licensing Act, and the provisions of this section will apply. Should the commission delegate authority to decide contested cases, the terms of the delegation will override any conflicting provision in this section.

(b) Board to make recommendation. Following the issuance of a proposal for decision, the board, in an open meeting and in accordance with its procedural rules, may permit the parties to present oral arguments. The board will make a written recommendation to the commission on the resolution of the case, and will notify the parties or their representatives of its recommendation by postal or electronic mail. The board's recommendation is not binding on the commission. No motion for rehearing or reconsideration may be considered by the board following its recommendation.

(c) Commission consideration of board's recommendation regarding proposals for decision. After receiving the board's recommendation relating to the adoption or modification of a proposal for decision, the Commission will consider the case in an open meeting unless it has delegated decision-making authority to the board. The commission may, in its sole discretion, hear oral argument in the matter.

(d) Oral argument. If oral argument is permitted at a board or commission meeting at which a contested case is considered, argument must be restricted to summation of testimony and evidence presented during the SOAH hearing or admitted into the SOAH record, including filings of the parties, exceptions, dispositions, and the responses, and suggested inferences from the evidentiary record. No new testimony, witnesses, or information may be considered.

(e) Sanctions. In determining the appropriate disciplinary action for a violation, the commission will consider the factors listed under §801.411(b) of the Veterinary Licensing Act and the schedule of sanctions provided under 22 TAC § 575.25.

Notes

16 Tex. Admin. Code § 131.25

Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9548, eff. 12/1/2024