SECTION 137.23. Emergency Suspension

(a) The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.

(b) On written request of the license holder, the department shall conduct a hearing to determine if the emergency suspension is to continue, to be modified or to be rescinded. The hearing shall not be conducted earlier than the seventh day or later than the 10th day after the date the notice of the emergency suspension is sent to the license holder.

(c) The hearing and any appeal are governed by the department's rules for a contested case hearing and Government Code, Chapter 2001.

Source Note: The provisions of this §137.23 adopted to be effective December 2, 2007, 32 TexReg 8507