| 1 | 1 | | By: Nelson S.B. No. 191 |
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| 2 | 2 | | (King of Taylor) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to disposition of a contested case by the Texas Medical |
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| 8 | 8 | | Board. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsections (a) and (a-1), Section 164.007, |
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| 11 | 11 | | Occupations Code, are amended to read as follows: |
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| 12 | 12 | | (a) The board by rule shall adopt procedures governing |
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| 13 | 13 | | formal disposition of a contested case under Chapter 2001, |
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| 14 | 14 | | Government Code. A formal hearing shall be conducted by an |
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| 15 | 15 | | administrative law judge employed by the State Office of |
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| 16 | 16 | | Administrative Hearings. After receiving the administrative law |
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| 17 | 17 | | judge's findings of fact and conclusions of law, the board shall |
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| 18 | 18 | | dispose of the contested case by issuing a final order based on the |
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| 19 | 19 | | administrative law judge's findings of fact and conclusions of law |
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| 20 | 20 | | [determine the charges on the merits]. |
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| 21 | 21 | | (a-1) Notwithstanding Section 2001.058(e), Government |
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| 22 | 22 | | Code, the [The] board may not change a finding of fact or conclusion |
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| 23 | 23 | | of law or vacate or modify an order of the administrative law judge. |
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| 24 | 24 | | The board may obtain judicial review of any finding of fact or |
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| 25 | 25 | | conclusion of law issued by the administrative law judge as |
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| 26 | 26 | | provided by Section 2001.058(f)(5), Government Code. For each |
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| 27 | 27 | | case, the board has the sole authority and discretion to determine |
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| 28 | 28 | | the appropriate action or sanction, and the administrative law |
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| 29 | 29 | | judge may not make any recommendation regarding the appropriate |
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| 30 | 30 | | action or sanction [only if the board makes a determination |
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| 31 | 31 | | required by Section 2001.058(e), Government Code]. |
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| 32 | 32 | | SECTION 2. Subsections (a) and (a-1), Section 164.007, |
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| 33 | 33 | | Occupations Code, as amended by this Act, apply only to a contested |
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| 34 | 34 | | case for which an administrative law judge employed by the State |
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| 35 | 35 | | Office of Administrative Hearings issues written findings of fact |
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| 36 | 36 | | and conclusions of law on or after the effective date of this Act. A |
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| 37 | 37 | | contested case for which an administrative law judge employed by |
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| 38 | 38 | | the State Office of Administrative Hearings issues written findings |
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| 39 | 39 | | of fact and conclusions of law before the effective date of this Act |
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| 40 | 40 | | is governed by the law in effect on the date the findings of fact and |
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| 41 | 41 | | conclusions of law were issued, and the former law is continued in |
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| 42 | 42 | | effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2011. |
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