Tex.
Occ. Code Section 651.506
Disciplinary Proceedings; Hearing Proceedings
(a)
A proceeding conducted by the commission relating to the denial of a license or provisional license, the suspension or revocation of a license, the issuance of a reprimand, or the imposition of an administrative penalty assessed after a hearing as provided by Section 651.551 (Assessment of Administrative Penalty) and judicial review of the proceeding are governed by Chapter 2001 (Administrative Procedure), Government Code.(b)
A proceeding brought under Subsection (a) shall be held before an administrative law judge employed by the State Office of Administrative Hearings.(c)
In the course of a proceeding, the administrative law judge may:(1)
administer an oath;(2)
take testimony;(3)
rule on a question of evidence;(4)
make a determination of fact; or(5)
order compliance with a proper discovery request.(d)
The commission shall provide the administrative law judge with a written statement of all commission rules or policies that govern the proceeding.(e)
At the conclusion of the proceeding, the administrative law judge shall make a ruling on the matter accompanied by written findings of fact and conclusions of law.(f)
The commission shall review the findings of fact, conclusions of law, and ruling of the administrative law judge before making its final ruling in the proceeding. The commission may also review a transcript of the proceeding before making its final ruling. The commission shall adopt the ruling of the administrative law judge as its ruling unless it finds good cause to issue a different ruling. The commission shall explain in writing the reasons for adopting a ruling other than the one issued by the administrative law judge.(g)
The commission shall inform each interested person, including a person filing the complaint, of the right to obtain at that person’s cost a tape or transcript of a hearing or proceeding under this section.(h)
A member or agent of the commission who carries out the functions of the commission and is assigned to make a decision, finding of fact, or conclusion of law in a proceeding pending before the commission may not communicate directly or indirectly with a party to the proceeding or a party’s representative unless notice and an opportunity to participate is given to all parties to the proceeding.(i)
Repealed by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001.(j)
Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(4).
Source:
Section 651.506 — Disciplinary Proceedings; Hearing Proceedings, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.651.htm#651.506 (accessed Jun. 5, 2024).
