Tex. Occ. Code Section 51.3511
Issuance of Emergency Orders


(a)

If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue an emergency order to:

(1)

suspend or revoke a license or other authorization issued under a program regulated by the department; or

(2)

halt operation of an unsafe facility or unsafe equipment that is subject to regulation by the department.

(b)

The executive director may issue an emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.

(c)

If an emergency order is issued under this section without a hearing, the executive director shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the emergency order not later than the 10th day after the date the order was issued. The order shall be affirmed to the extent that reasonable cause existed to issue the order.

(d)

The commission by rule may prescribe procedures for the determination and appeal of an emergency order issued under this section, including a rule allowing the commission to affirm, modify, or set aside a decision made by the State Office of Administrative Hearings under Subsection (c).

(e)

A proceeding under this section is a contested case under Chapter 2001 (Administrative Procedure), Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.

Source: Section 51.3511 — Issuance of Emergency Orders, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­51.­htm#51.­3511 (accessed Jun. 5, 2024).

51.001
Definitions
51.002
Application of Sunset Act
51.003
Applicability
51.051
Texas Department of Licensing and Regulation
51.052
Appointment of Commission
51.053
Commission Membership
51.054
Training
51.055
Terms
51.056
Presiding Officer
51.057
Grounds for Removal
51.058
Compensation
51.059
Meetings
51.060
Civil Liability
51.101
Executive Director
51.103
Executive Director Powers and Duties
51.104
Personnel
51.105
Division of Responsibilities
51.106
Information on Standards of Conduct
51.107
Career Ladder Program
51.108
Equal Employment Opportunity Policy
51.201
General Powers and Duties of Commission
51.202
Fees
51.203
Rules Regarding Programs Regulated by Department
51.204
Rules Restricting Advertising or Competitive Bidding
51.207
Use of Technology
51.208
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
51.209
Advisory Boards
51.210
Method of Making Payments
51.211
Risk-based Inspections
51.251
Public Interest Information
51.252
Complaints
51.253
Public Participation
51.254
Confidentiality of Complaint and Disciplinary Information
51.255
Statistical Analysis of Complaints
51.301
Imposition of Penalty
51.302
Amount of Penalty
51.303
Notice of Violation and Penalty
51.304
Penalty to Be Paid or Hearing Requested
51.305
Hearing on Recommendations
51.306
Decision by Commission
51.307
Options Following Decision: Pay or Appeal
51.308
Collection of Penalty
51.309
Remittance of Penalty and Interest
51.310
Administrative Procedure
51.351
Inspections and Investigations
51.352
Injunctive Relief
51.353
License Denial
51.354
Right to Hearing
51.355
License Eligibility of Person Whose License Has Been Revoked
51.356
Deferred Adjudication
51.357
Restricted Licenses for Certain Occupations
51.358
Restricted License Term
51.359
Refund
51.401
License Expiration and Renewal
51.402
Examinations
51.403
Examination Fee Refund
51.405
Continuing Education
51.406
Staggered Renewal of Licenses
51.407
Temporary License
51.408
Emergency License
51.409
Financial Disclosure Statement
51.451
Definition
51.452
Telephone Information System
51.501
Telehealth
51.0535
Conflict of Interest
51.2031
Rules Regarding Health-related Programs
51.2032
Rules Regarding Podiatry
51.2095
Interdisciplinary Advisory Boards
51.2521
Complaint Investigation
51.3025
Imposition of Sanction
51.3511
Issuance of Emergency Orders
51.3512
Subpoenas
51.3513
Cease and Desist Order
51.4011
Inactive Status
51.4012
License Eligibility Requirements Regarding Applicant’s Background
51.4013
License Eligibility Requirements for Applicants with Military Experience
51.4014
License Application from Inmate
51.4041
Alternative Qualifications for License

Accessed:
Jun. 5, 2024

§ 51.3511’s source at texas​.gov