Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 575 - PRACTICE AND PROCEDURE
Section 575.35 - Temporary License Suspension Proceedings

Universal Citation: 22 TX Admin Code ยง 575.35

Current through Reg. 49, No. 38; September 20, 2024

(a) The Board's Executive Committee shall meet as necessary to receive information on a complaint indicating that a licensee's continued practice may constitute a continuing or imminent threat to the public welfare. At the conclusion of the meeting, if the EDC concludes that the licensee's continued practice would constitute a continuing or imminent threat to the public welfare, the Executive Committee shall suspend the licensee's license for a temporary, stated period of time.

(b) In accordance with the APA, §2001.081, the determination of the Executive Committee 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.

(c) In receiving information on which to base its determination of a continuing threat to the public welfare, the Executive Committee may accept the testimony of witnesses by telephone.

(d) The Executive Committee and the Board's Enforcement Committee may receive testimony and evidence in oral or written form. Written statements may be sworn or unsworn. The committee members may question witnesses at the members' discretion. Evidence or information that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.

(e) The Executive Committee may suspend a license under this section without notice or a hearing on the complaint, provided the Enforcement Committee shall meet in an informal conference within 14 days of the date of suspension, to determine if formal disciplinary proceedings should be initiated against the licensee. The licensee must receive notice of the conference at least 72 hours prior to the conference.

(f) Following the informal conference, the Enforcement Committee shall take one of the following actions:

(1) Lift the temporary suspension and reinstate the license without conditions.

(2) Negotiate with the licensee an agreed settlement order that will lift the suspension, continue the suspension, or impose other sanctions as appropriate. The agreed order would be presented to the next available Board meeting for adoption.

(3) Prepare a notice of hearing setting out the details of the complaint and recommended sanctions, and forward the notice of hearing to the State Office of Administrative Hearings for setting of an administrative hearing. Following the hearing, the administrative law judge will prepare a proposal for decision for adoption, in the form of an order, by the Board.

(g) If the Enforcement Committee determines that a notice of hearing shall be forwarded to the State Office of Administrative Hearings for an administrative hearing, that hearing must occur no later than the 60th day after the date the Executive Committee first ordered the temporary suspension, in accordance with § 801.409 of the Texas Occupations Code.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.