1. (a) Disciplinary Panel.

   1. (1) The three Commission members of the Enforcement Committee appointed by the chair of the Commission shall serve as the disciplinary panel (the "Panel") under §1101.662 and §1102.408, Texas Occupations Code.
   2. (2) The chair of the Commission may appoint a Commission member to act as an alternate member of the Panel in the event a member of the Panel is recused or unable to attend a temporary suspension proceeding.

2. (b) Motion for Temporary Suspension.

   1. (1) Commission staff may request the Panel temporarily suspend a license in accordance with paragraph (2) of this subsection if:

      1. (A) the Commission has opened a complaint against a license holder; and

      2. (B) credible evidence shows:

         1. (i) a license holder may continue to engage in conduct that may violate Chapters 1101 or 1102, Texas Occupations Code, ("Chapters 1101 or 1102") or Commission rules; and
         2. (ii) the license holder's conduct involves recent or current activity requiring a license under Chapters 1101 or 1102.
   2. (2) Commission staff must request a temporary suspension proceeding in writing by filing a motion for temporary suspension with the Commission's general counsel.

3. (c) Temporary Suspension Proceeding.

   1. (1) The Panel shall post notice of the temporary suspension proceeding pursuant to §551.045 of the Texas Government Code and §1101.662(d) or §1102.408(d), Texas Occupations Code, and hold the temporary suspension proceeding as soon as possible.
   2. (2) The Panel may make a determination regarding a temporary suspension without notice to the license holder or hearing pursuant to §1101.662(c) or §1102.408(c), Texas Occupations Code, or may, if appropriate in the judgment of the chair of the Panel, provide the license holder with three days' notice of a temporary suspension hearing.
   3. (3) The requirement under §1101.662(c)(1) or §1102.408(c)(1), Texas Occupations Code, that "institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension" is satisfied if, on the same day the motion for temporary suspension is filed under subsection (b)(2) of this section, the licensed holder that is the subject of the temporary suspension motion, and SOAH, as applicable, is sent a Notice of Alleged Violation that alleges facts precipitating the need for a temporary suspension.
   4. (4) The Panel may receive information, including testimony, in oral or written form.
   5. (5) Documentary evidence must be submitted to the Commission's general counsel in electronic format at least 24 hours in advance of the time posted for the temporary suspension proceeding in all cases where the Panel will be meeting via teleconference.

   6. (6) If a hearing is held following notice to a license holder, oral arguments will be conducted in accordance with the following:

      1. (A) Commission staff will have the burden of proof and shall open and close.
      2. (B) The party responding to the motion for temporary suspension may offer rebuttal arguments.
      3. (C) Parties may request an opportunity for additional rebuttal subject to the discretion of the chair of the Panel.
      4. (D) The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties.
      5. (E) The Panel may question witnesses and attorneys at the members' discretion.
      6. (F) Information, including testimony, that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered
   7. (7) A temporary suspension proceeding is ancillary to a disciplinary proceeding regarding alleged violations of Chapters 1101 or 1102, Texas Occupations Code, or Commission rules and is not dispositive concerning any such violations.

4. (d) Determination by Panel.

   1. (1) The determination of the Panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on evidence that is:

      1. (A) necessary to ascertain facts not reasonably susceptible of proof under those rules;
      2. (B) not precluded by statute; and
      3. (C) of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.
   2. (2) The Panel shall temporarily suspend a license if the Panel determines from information presented to the Panel that the license holder's continued practice would constitute a continuing threat to the public welfare in accordance with §1101.662 and §1102.408, Texas Occupations Code, and this section.

5. (e) Temporary Suspension Order.

   1. (1) If the Panel suspends a license, it shall do so by order and the suspension shall remain in effect for the period of time stated in the order, not to exceed the date a final order issued by the Commission in the underlying contested case proceeding becomes effective.
   2. (2) The Panel order must recite the factual and legal basis for imminent peril warranting temporary suspension.

6. (f) Motion for Rehearing on the Temporary Suspension.

   1. (1) If credible and verifiable information that was not presented to the Panel at a temporary suspension proceeding, which contradicts information that influenced the decision of the Panel to order a temporary suspension, is subsequently presented to the Panel with a motion for rehearing on the suspension, the chair of the Panel will schedule a rehearing on the matter.
   2. (2) The chair of the Panel will determine, in the chair's sole discretion, whether the new information meets the standard set out in this subsection.
   3. (3) A rehearing on a temporary suspension will be limited to presentation and rebuttal of the new information.
   4. (4) The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties.
   5. (5) Panel members may question witnesses and attorneys.
   6. (6) Evidence that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.
   7. (7) Any temporary suspension previously ordered will remain in effect, unless the Panel holds a rehearing on the matter and issues a new order rescinding the temporary suspension.

Source Note:The provisions of this §533.11 adopted to be effective March 4, 2026, 51 TexReg 1290.