Section 519.12 - Emergency Suspension(a) Whenever the board, through its executive committee, determines that a licensee or certificate holder is engaged in or about to engage in an act of fraud or a violation of the Act and the licensee's or certificate holder's continued practice constitutes an immediate threat to the public welfare, the board, through its executive committee, may issue an order temporarily suspending the licensee's or certificate holder's license without notice and without a hearing. An order temporarily suspending a license issued by the executive committee must be ratified by the board at its next regularly scheduled meeting.(b) "Immediate threat to the public welfare" means a real and present danger to clients caused through the licensee's or certificate holder's lack of competence, impaired status, or failure to adequately service clients. A "real and present danger" exists if clients have a likely exposure to or significant risk of loss of funds or records or financial injury and is based on actual actions or inactions of the licensee or certificate holder. The executive committee may consider information that the licensee or certificate holder previously committed similar actions or inactions in determining whether the licensee or certificate holder poses an immediate threat to commit such actions or inactions in the future.(c) Pursuant to Chapter 551 of the Texas Government Code (relating to Open Meetings), the executive committee may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the executive committee is difficult or impossible. Whenever possible, the executive committee will attempt to provide the licensee or certificate holder with notice and an opportunity to be present at the emergency suspension proceeding.(d) The determination of the executive committee may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the licensee's or certificate holder's affairs. Presentations by the parties may be based on evidence or information and shall not be excluded on objection of a party unless determined by the chair that the evidence or information is clearly irrelevant or unduly inflammatory in nature; however, objections by a party may be noted for the record. Witnesses may provide sworn statements in writing or verbally and may choose to provide statements that are not sworn. However, whether a statement is sworn may be a factor to be considered by the executive committee in evaluating the weight to be given to the statement. Questioning of witnesses by board staff, the respondent or executive committee members is under the control of the executive committee chair.(e) The executive committee shall immediately serve notice of the suspension on the licensee or certificate holder in accordance with § 901.5045(b) of the Act (relating to Emergency Suspension). The suspended licensee or certificate holder shall be provided the opportunity to request a hearing in accordance with §901.5045(c) of the Act. The hearing shall be conducted in the manner of a contested case pursuant to the Act, the APA, the board's rules and SOAH's rules; provided that time limits provided in §901.5045(c) of the Act shall control. At the close of the hearing, the ALJ shall recommend to the executive committee whether to uphold, vacate or modify the suspension order. If the ALJ's recommendation is to vacate the emergency suspension order, the executive committee shall determine whether to adopt that recommendation no later than the second business day after it receives that recommendation.22 Tex. Admin. Code § 519.12
Adopted by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7926, eff. 10/8/2014; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9513, eff. 12/7/2016