22 Tex. Admin. Code § 213.23 - Decision of the Board
(a) Except as to
those matters expressly delegated to the executive director for ratification,
either the Board or the Eligibility and Disciplinary Committee of the Board,
may make final decisions in all matters relating to the granting or denial of a
license or permit, discipline, temporary suspension, or administrative and
civil penalties. This includes the consideration and resolution of a default
dismissal from the State Office of Administrative Hearings pursuant to Texas
Government Code §
2001.058(d-1).
(b) A proposal for decision may be acted on
by the Board or the Eligibility and Disciplinary Committee, in accordance with
this section, after the expiration of 10 days after the filing of replies to
exceptions to the proposal for decision or upon the day following the day
exceptions or replies to exceptions are due if no such exceptions or replies
are filed.
(c) Following the
issuance of a proposal for decision or default dismissal, parties shall have an
opportunity to file written exceptions and/or briefs with the Board. An
opportunity shall be given to file a written response to written exceptions
and/or briefs. An individual wishing to file written exceptions and/or a brief
for the Board's consideration must do so no later than 15 calendar days prior
to the date of the next regularly scheduled meeting where the Board or the
Eligibility and Disciplinary Committee will deliberate on the proposal for
decision or default dismissal. The Board will not consider any written
exceptions and/or briefs submitted in violation of these
requirements.
(d) A proposal for
decision will be considered by the Board in accordance with Texas Occupations
Code §
301.459 and Texas
Government Code Chapter 2001. Further, the Board may obtain judicial review of
any finding of fact or conclusion of law issued by the administrative law
judge, as provided by Texas Government Code §
2001.058(f)(5).
(e) An order of the Board shall be in writing
and may be signed by the executive director on behalf of the Board.
(f) A copy of the order shall be mailed to
all parties and to the party's last known employer as a nurse in accordance
with Texas Occupations Code §
301.469.
(g) The decision of the Board is immediate,
final, and appealable upon the signing of the written order by the executive
director on behalf of the Board where:
(1)
the Board finds and states in the order that an imminent peril to the public
health, safety, and welfare requires immediate effect of the order;
and
(2) the order states it is
final and effective on the date rendered.
(h) Motions for rehearing under this section
are controlled by Texas Government Code Chapter 2001.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.