Section 80.9 - Temporary License Suspension(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.22 Tex. Admin. Code § 80.9
Amended by Texas Register, Volume 44, Number 39, September 27, 2019, TexReg 5625, eff. 10/3/2019