1. (a) A request for a modification/termination hearing or reinstatement hearing must be submitted in writing by the probationer. The writing must specifically detail the requested desired action.
2. (b) If a probationer is determined to be eligible for a hearing according to the order, §187.43 of this title (relating to Proceedings for the Modification/Termination of Agreed Orders and Disciplinary Orders), and Chapter 167 of this title (relating to Reinstatement and Reissuance), a date and time for the hearing shall be set and the probationer shall be notified in writing.
3. (c) If the probationer desires to submit evidence for consideration by the board's representatives, the probationer must provide at least three copies of all evidence no less than ten calendar days prior to the hearing. The board's representatives may refuse to consider evidence not timely submitted.
4. (d) When considering a modification, termination, or reinstatement request, the board's representatives shall make a determination if the probationer is eligible for the request pursuant to §187.43(d) of this title (relating to Proceedings for the Modification/Termination of Agreed Orders and Disciplinary Orders) and/or Chapter 167 of this title (relating to Reinstatement and Reissuance).

5. (e) When considering a modification, termination, or reinstatement request, the board's representatives may also consider:

   1. (1) evidence presented by probationer;
   2. (2) the existence of pending investigations;
   3. (3) past compliance with the order;
   4. (4) the existence of prior orders; and
   5. (5) any information or evidence the board's representatives deem necessary to make an informed decision.
6. (f) If a probationer is requesting a reinstatement hearing, the probationer must submit evidence of completion of any required stipulations prior to the hearing being set.
7. (g) In addition to requirements, set forth in §167.2 of this title (relating to Informal Disposition of Requests for Reinstatement) a probationer requesting reinstatement of a license must prove that the probationer is mentally, physically, clinically, and otherwise competent to return to the practice of medicine.
8. (h) The decision to modify or terminate all or any part of an order is at the sole discretion of the board unless otherwise specified in the order.

Source Note:The provisions of this §189.7 adopted to be effective May 9, 2002, 27 TexReg 3776.