SECTION 215.314. Cease and Desist Orders

(a) Whenever it appears that a person is violating any provision of Occupations Code, Chapter 2301; Transportation Code, Chapter 503; or a board rule or order, an order requiring the person to cease and desist from the violation may be entered.

(b) If it appears from specific facts shown by affidavit or by verified complaint that one or more of the conditions in Occupations Code, §2301.802(b) will occur before notice can be served and a hearing held, the order may be issued without notice; otherwise, the order must be issued after a hearing has been held to determine the validity of the order and to allow the person who requested the order to show good cause why the order should remain in effect during the pendency of the contested case.

(c) Each cease and desist order issued without notice must include:

(1) the date and hour of issuance;

(2) a statement of which of the conditions in Occupations Code, §2301.802(b) will occur before notice can be served and a hearing held; and

(3) a notice of hearing for the earliest date possible to determine the validity of the order and to allow the person who requested the order to show good cause why the order should remain in effect during the pendency of the contested case.

(d) Each cease and desist order shall:

(1) state the reasons for its issuance; and

(2) describe in reasonable detail the act or acts to be restrained.

(e) A cease and desist order shall not be issued unless the person requesting the order presents a petition or complaint, verified by affidavit, containing a plain statement of the grounds for seeking the cease and desist order.

(f) A cease and desist order issued without notice expires as provided in the order, but shall not exceed 20 days.

(g) A cease and desist order may be extended for a period of time equal to the period of time granted in the original order if, prior to the expiration of the previous order, good cause is shown for the extension or the party against whom the order is directed consents to the extension.

(h) The person against whom a cease and desist order was issued without notice may request that the scheduled hearing be held earlier than the date set in the order.

(i) After the hearing, the ALJ shall prepare a written order, including a justification explaining why the cease and desist order should remain in place during the pendency of the contested case.

(j) A party may appeal to the board an order granting or denying a motion for a cease and desist order.

(k) An appeal of an order granting or denying a motion for a cease and desist order must be made to the board before a person may seek judicial review of an order issued under this section.

(l) Upon appeal to a district court of an order issued under this section, the order may be stayed by the board upon a showing of good cause by a party.

(m) Prior to the commencement of a proceeding by SOAH, the director is authorized to issue a cease and desist order under this section. An ALJ shall hold a hearing to determine whether an interlocutory cease and desist order should remain in effect during the pendency of the proceeding.

Source Note: The provisions of this §215.314 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective July 6, 2010, 35 TexReg 5901; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571