22 Tex. Admin. Code § 80.9 - Temporary License Suspension
(a) The
Enforcement Committee may temporarily suspend a license if the committee
reasonably believes a licensee is a continuing or imminent threat to the
public.
(b) The Board delegates
authority to the executive director to sign temporary suspension orders on
behalf of the Enforcement Committee after the committee votes to suspend a
license.
(c) The Enforcement
Committee may dissolve a previously-issued temporary suspension order at any
time.
(d) A temporary suspension
may occur without notice if a hearing on the suspension is scheduled at the
State Office of Administrative Hearings (SOAH) not later than the 14th day
after the date of suspension.
(e)
At the 14-day hearing, the only issue is whether the temporary suspension
should remain in effect.
(f) If the
SOAH administrative law judge (ALJ) finds the Board has reasonable information
that the licensee is a continuing or imminent threat to the public, the ALJ
shall issue an order to keep the temporary suspension in effect pending the
initiation of disciplinary proceedings against the licensee.
(g) A second hearing on the suspension shall
be held not later than the 60th day after the date the suspension was
ordered.
(h) The 60-day hearing
shall determine only whether the suspension shall remain in effect pending the
final determination of disciplinary proceedings against the licensee.
(i) If the 60-day hearing is not timely held,
the suspension is dissolved.
(j) A
temporary suspension shall automatically dissolve on the 61st day after the
date the suspension was ordered if the Board has not served a notice of hearing
for disciplinary action against the licensee for acts that were the basis for
the suspension.
(k) The Board shall
notify a licensee of a suspension by certified mail, regular mail, and
email.
(l) A licensee may waive the
14-day or 60-day hearings.
(m) A
licensee may not practice chiropractic during a temporary suspension.
Notes
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