SECTION 187.36. Interlocutory Appeals and Certification of Questions

(a) Interlocutory appeals and certification of questions. Interlocutory appeals to the board and certification of questions filed pursuant to §187.23 of this title (relating to General Provisions of Formal Proceedings at SOAH) shall be filed with the hearings coordinator of the board and served on the respondent or authorized representative and the ALJ. The respondent or authorized representative and the ALJ shall be given ten days from the date of filing by board staff to file a written response with the Hearings Coordinator. The staff attorney, the respondent and authorized representative, and the ALJ may appear at a meeting to make oral argument on the appeal.

(b) Abatement of proceeding. The ALJ shall abate the proceeding while a certified question or interlocutory appeal is pending.

(c) Board action. The board shall enter in the minutes of the meeting the board's decision on the certified question or interlocutory appeal. A board decision on a certified question or interlocutory appeal is not subject to motion for rehearing.

(d) Judicial review. Nothing in this section shall be interpreted to affect a licensee's right to seek judicial review of any disciplinary action taken by the board against the licensee as provided by §164.009 of the Act.

Source Note: The provisions of this §187.36 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394