Section 213.23 - Decision of the Board(a) Except as to those matters expressly delegated to the executive director for ratification, either the Board or the Eligibility and Disciplinary Committee of the Board, may make final decisions in all matters relating to the granting or denial of a license or permit, discipline, temporary suspension, or administrative and civil penalties. This includes the consideration and resolution of a default dismissal from the State Office of Administrative Hearings pursuant to Texas Government Code § 2001.058(d-1).(b) A proposal for decision may be acted on by the Board or the Eligibility and Disciplinary Committee, in accordance with this section, after the expiration of 10 days after the filing of replies to exceptions to the proposal for decision or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed.(c) Following the issuance of a proposal for decision or default dismissal, parties shall have an opportunity to file written exceptions and/or briefs with the Board. An opportunity shall be given to file a written response to written exceptions and/or briefs. An individual wishing to file written exceptions and/or a brief for the Board's consideration must do so no later than 15 calendar days prior to the date of the next regularly scheduled meeting where the Board or the Eligibility and Disciplinary Committee will deliberate on the proposal for decision or default dismissal. The Board will not consider any written exceptions and/or briefs submitted in violation of these requirements.(d) A proposal for decision will be considered by the Board in accordance with Texas Occupations Code § 301.459 and Texas Government Code Chapter 2001. Further, the Board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge, as provided by Texas Government Code § 2001.058(f)(5).(e) An order of the Board shall be in writing and may be signed by the executive director on behalf of the Board.(f) A copy of the order shall be mailed to all parties and to the party's last known employer as a nurse in accordance with Texas Occupations Code § 301.469.(g) The decision of the Board is immediate, final, and appealable upon the signing of the written order by the executive director on behalf of the Board where: (1) the Board finds and states in the order that an imminent peril to the public health, safety, and welfare requires immediate effect of the order; and(2) the order states it is final and effective on the date rendered.(h) Motions for rehearing under this section are controlled by Texas Government Code Chapter 2001.22 Tex. Admin. Code § 213.23
The provisions of this §213.23 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective November 15, 2009, 34 TexReg 7818; amended to be effective August 19, 2012, 37 TexReg 6028; amended to be effective April 19, 2016, 41 TexReg 2750; amended by Texas Register, Volume 43, Number 08, February 23, 2018, TexReg 1094, eff. 2/25/2018