SECTION 187.58. Procedures before the Disciplinary Panel

(a) In accordance with the Act, §164.004, an ISC is not required to be held prior to a hearing on temporary suspension or restriction. Section 164.004 further exempts a temporary suspension or restriction proceeding from the requirements of §2001.054(c), Texas Government Code.

(b) To the extent practicable, in the discretion of the chair of the disciplinary panel, the sequence of events will be as follows:

(1) Call to Order;

(2) Roll Call;

(3) Calling of the Case;

(4) Recusal Statement;

(5) Introductions/Appearances on the Record;

(6) Opening Statements by Board Staff and Respondent;

(7) Presentation of evidence by Board Staff;

(8) Presentation of evidence on behalf of Respondent;

(9) Rebuttal by Board Staff and Respondent;

(10) Closing Arguments;

(A) Argument by Board Staff;

(B) Argument by Respondent;

(C) Final Argument by Board Staff;

(11) Deliberations;

(12) Announcement of Decision;

(13) Adjournment.

(c) A board attorney shall be designated as Counsel to the Panel and shall be present during the hearing and deliberations by the panel and shall advise the panel on all legal issues that arise during the hearing including objections to evidence and other evidentiary matters. The Counsel to the Panel shall be permitted to ask questions of witnesses, the board staff, the attorney for the licensee and other participants in the hearing.

Source Note: The provisions of this §187.58 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective June 29, 2003, 28 TexReg 4634; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective December 25, 2011, 36 TexReg 8551