- (a) The Enforcement Committee may temporarily suspend a license if the committee reasonably believes a licensee is a continuing or imminent threat to the public.
- (b) The Board delegates authority to the executive director to sign temporary suspension orders on behalf of the Enforcement Committee after the committee votes to suspend a license.
- (c) The Enforcement Committee may dissolve a previously-issued temporary suspension order at any time.
- (d) A temporary suspension may occur without notice if a hearing on the suspension is scheduled at the State Office of Administrative Hearings (SOAH) not later than the 14th day after the date of suspension.
- (e) At the 14-day hearing, the only issue is whether the temporary suspension should remain in effect.
- (f) If the SOAH administrative law judge (ALJ) finds the Board has reasonable information that the licensee is a continuing or imminent threat to the public, the ALJ shall issue an order to keep the temporary suspension in effect pending the initiation of disciplinary proceedings against the licensee.
- (g) A second hearing on the suspension shall be held not later than the 60th day after the date the suspension was ordered.
- (h) The 60-day hearing shall determine only whether the suspension shall remain in effect pending the final determination of disciplinary proceedings against the licensee.
- (i) If the 60-day hearing is not timely held, the suspension is dissolved.
- (j) A temporary suspension shall automatically dissolve on the 61st day after the date the suspension was ordered if the Board has not served a notice of hearing for disciplinary action against the licensee for acts that were the basis for the suspension.
- (k) The Board shall notify a licensee of a suspension by certified mail, regular mail, and email.
- (l) A licensee may waive the 14-day or 60-day hearings.
- (m) A licensee may not practice chiropractic during a temporary suspension.
Source Note:The provisions of this §80.9 adopted to be effective October 3, 2019, 44 TexReg 5625.