SECTION 187.79. Personal Appearance at an ISC

(a) If, within 30 days after the Notice of Intention to Impose Administrative Penalty is sent to the licensee, the licensee submits a request for personal appearance at an ISC, an ISC shall be scheduled in accordance with §164.004(a)(2) of the Act before one or more board representatives.

(b) An ISC under this Subchapter may consider only dismissal of the matter or the imposition of an administrative penalty. The board representatives may not consider revocation, suspension, or any other sanction. The provisions of §187.18 of this title (relating to ISC Scheduling, Process, and Procedures) shall apply to the ISC, except that there may be one or more board representatives at the ISC, who may be either a physician or public member of the Board or District Review Committee.

(c) The recommendation of the board representative(s) to impose the administrative penalty or to dismiss the allegations shall be referred to the DPRC at the next regular meeting. The action of the DPRC shall be submitted to the Board for approval.

Source Note: The provisions of this §187.79 adopted to be effective March 16, 2008, 33 TexReg 2026; amended to be effective March 27, 2018, 43 TexReg 1865