SECTION 187.61. Ancillary Proceeding

(a) A temporary suspension or restriction proceeding is ancillary to a disciplinary proceeding concerning the licensee's alleged violation(s) of the Act.

(b) A temporary suspension or restriction order is effective immediately on the date entered and shall remain in effect until a final or further order of the board is entered in the disciplinary proceeding.

(c) A temporary suspension or restriction order based upon an arrest for certain offenses listed under §164.0595 of the Act and §187.57(d) of this title (relating to Charge of the Disciplinary Panel), remains in effect until there is a final disposition of the criminal case, including, but not limited to, conviction, plea agreement and sentence, deferred adjudication, acquittal, or dismissal of the criminal case.

(d) Upon the entry of a temporary suspension or restriction order, an ISC shall be scheduled as soon as practicable in the disciplinary proceeding in accordance with §164.004 of the Act, and §2001.054(c), Texas Government Code, or, in the case of a suspension or restriction under subsection (c) of this section, as soon as practicable after there is a final disposition of the criminal case. A second ISC is not required, however, if an ISC has previously been held in the disciplinary proceeding.

(e) If the matter is not resolved by an Agreed Order through the ISC, a formal Complaint shall be filed in the disciplinary proceeding at the State Office of Administrative Hearings in accordance with §164.005 of the Act as soon as practicable after the ISC. This rule is promulgated pursuant to and consistent with §164.059 of the Act which provides express statutory authority, consistent with the exception in Texas Government Code, §2001.054(c-1), regarding the time period in which the Board must initiate a formal complaint (as defined §164.005 of the Act) for revocation or other action. The Board is excepted from compliance with Texas Government Code, §2001.054(c-1), related to the time period in which the agency must initiate proceedings for revocation or other action following the entry of an order of suspension, by express statutory authority in §164.059 of the Act, providing for post-suspension procedures.

Source Note: The provisions of this §187.61 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective July 9, 2015, 40 TexReg 4355; amended to be effective February 21, 2016, 41 TexReg 1119