22 Tex. Admin. Code § 157.25 - Temporary Suspension
(a) The purpose of
a temporary suspension proceeding is to determine whether the continued
practice by a person licensed, certified or registered by the Board would
constitute a continuing threat to the public welfare. A temporary suspension
proceeding is ancillary to a disciplinary proceeding regarding alleged
violations of the Act or Board rules and is not dispositive concerning any such
violations.
(b) Board staff may
request the Board to grant a temporary suspension if:
(1) the Board has opened a complaint
investigation against a license holder; and
(2) the following criteria are met:
(A) credible evidence shows:
(i) a license holder may continue to engage
in conduct that may violate the Act, Board rules, or USPAP;
(ii) the license holder's conduct involves
recent or current appraisal practice; and
(B) sufficient evidence is available to
proceed with a contested case hearing within 45 days of a temporary suspension
proceeding.
(c)
The three Board members of the Enforcement Committee appointed by the chair of
the Board shall serve as the disciplinary panel ("Panel") under Texas
Occupations Code, §
1103.5511 and §
1104.211. The chair
of the Board shall also appoint a Board member to act as an alternate member of
the Panel in the event a member of the Panel is recused or unable to attend a
temporary suspension proceeding.
(d) Board staff must request a temporary
suspension proceeding in writing by filing a motion for temporary suspension
with the Board's general counsel.
(e) The Panel may make a determination
regarding a temporary suspension without notice or hearing pursuant to Texas
Occupations Code, §
1103.5511(c)(1)
or §
1104.211(c)(1),
or may, if appropriate in the judgment of the chair of the Panel, provide the
license holder or registrant with three days' notice of a temporary suspension
hearing.
(f) The requirement under
Texas Occupations Code, §
1103.5511(c)(1)
or §
1104.211(c)(1)
that "institution of proceedings for a contested case hearing is initiated
simultaneously with the temporary suspension" shall be satisfied if, on the
same day the motion for temporary suspension is filed with the Board's general
counsel, the licensed, certified or registered person that is the subject of
the temporary suspension motion, and SOAH, as applicable, is sent one of the
following documents that alleges facts that precipitated the need for a
temporary suspension:
(1) Notice of Alleged
Violation;
(2) Original Statement
of Charges; or
(3) Amended
Statement of Charges.
(g)
The Panel shall post notice of the temporary suspension proceeding pursuant to
§
551.045 of the Texas
Government Code and Texas Occupations Code, §
1103.5511(e)
or §
1104.211(e)
and hold the temporary suspension proceeding as soon as possible.
(h) The determination whether the continued
practice by a person licensed, certified or registered by the Board would
constitute a continuing threat to the public welfare shall be made from
information presented to the Panel. The Panel may receive information and
testimony in oral or written form. Documentary evidence must be submitted to
the Board's general counsel in electronic format at least 24 hours in advance
of the time posted for the temporary suspension hearing in all cases where the
Panel will be meeting via teleconference. If a hearing is held following notice
to a license holder or registrant, Board staff will have the burden of proof
and shall open and close. The party responding to the motion for temporary
suspension may offer rebuttal arguments. Parties may request an opportunity for
additional rebuttal subject to the discretion of the chair of the Panel. The
chair of the Panel may set reasonable time limits for any oral arguments and
evidence to be presented by the parties. The Panel may question witnesses and
attorneys at the members' discretion. Information and testimony that is clearly
irrelevant, unreliable, or unduly inflammatory will not be
considered.
(i) The determination
of the Panel may be based not only on evidence admissible under the Texas Rules
of Evidence, but may be based on information of a type on which a reasonably
prudent person commonly relies in the conduct of the person's
affairs.
(j) If the Panel suspends
a license or certificate, it shall do so by order and the suspension shall
remain in effect for the period of time stated in the order, not to exceed the
date a final order is issued by the Board in the underlying contested case
proceeding. The Panel order must recite the factual and legal basis for
imminent peril warranting temporary suspension.
(k) A temporary suspension under Texas
Occupations Code §
1103.5511 or §
1104.211 shall not
automatically expire after 45 days if the Board has scheduled a hearing on the
contested case to take place within that time and the hearing is continued
beyond the 45th day for any reason other than at the request of the
Board.
(l) If credible and
verifiable information that was not presented to the Panel at a temporary
suspension hearing, which contradicts information that influenced the decision
of the Panel to order a temporary suspension, is subsequently presented to the
Panel with a motion for rehearing on the suspension, the chair of the Panel
will schedule a rehearing on the matter. The chair of the Panel will determine,
in the chair's sole discretion, whether the new information meets the standard
set out in this subsection. A rehearing on a temporary suspension will be
limited to presentation and rebuttal of the new information. The chair of the
Panel may set reasonable time limits for any oral arguments and evidence to be
presented by the parties. Panel members may question witnesses and attorneys.
Information and testimony that is clearly irrelevant, unreliable, or unduly
inflammatory will not be considered. Any temporary suspension previously
ordered will remain in effect, unless the Panel holds a rehearing on the matter
and issues a new order rescinding the temporary suspension.
Notes
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