Texas Occupations Code
§ 164.007 — ADMINISTRATIVE HEARINGS; CONFIDENTIALITY ISSUES
OC § 164.007Title 3. HEALTH PROFESSIONS · Part B. PHYSICIANS · Ch. 164. DISCIPLINARY ACTIONS AND PROCEDURES · Art. A. GENERAL PROVISIONS
Statute text
View on source(a)The board by rule shall adopt procedures governing formal disposition of a contested case under Chapter 2001, Government Code. A formal hearing shall be conducted by an administrative law judge employed by the State Office of Administrative Hearings. After receiving the administrative law judge's findings of fact and conclusions of law, the board shall:
(1)dispose of the contested case by issuing a final order based on the administrative law judge's findings of fact and conclusions of law; or
(2)appeal the administrative law judge's findings of fact and conclusions of law in the manner provided by Section 164.0072. (a-1) Notwithstanding Section 2001.058(e), Government Code, the board may not change a finding of fact or conclusion of law or vacate or modify an order of the administrative law judge. For each case, the board has the sole authority and discretion to determine the appropriate action or sanction. The administrative law judge may not make any recommendation regarding the appropriate action or sanction.
(b)Notwithstanding this subtitle or other law, the board may employ, retain, and compensate:
(1)attorneys, consultants, and other professionals as necessary and appropriate to serve as board consultants or special counsel to prosecute complaints filed with the board on behalf of the hearings division and investigating division; and
(2)court reporters and other staff necessary to prepare for or represent the board in the hearings authorized by this section.
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Legislative history
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.40, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 7, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 14, eff. September 1, 2019.