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A BILL TO BE ENTITLED
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AN ACT
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relating to the finality of an administrative law judge's decision |
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in a contested case involving disciplinary action against a |
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physician. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 164.007(a) and (a-1), Occupations Code, |
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are amended to read as follows: |
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(a) The board by rule shall adopt procedures governing |
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formal disposition of a contested case under Chapter 2001, |
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Government Code. A formal hearing shall be conducted by an |
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administrative law judge employed by the State Office of |
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Administrative Hearings. After receiving the administrative law |
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judge's findings of fact and conclusions of law, the board shall |
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dispose of the contested case by issuing a final order based on the |
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administrative law judge's findings of fact and conclusions of law |
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[determine the charges on the merits]. |
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(a-1) Notwithstanding Section 2001.058(e), Government |
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Code, the [The] board may not change a finding of fact or conclusion |
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of law or vacate or modify an order of the administrative law judge, |
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including an order recommending or imposing a sanction [only if the
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board makes a determination required by Section 2001.058(e),
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Government Code]. |
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SECTION 2. Sections 164.007(a) and (a-1), Occupations Code, |
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as amended by this Act, apply only to a contested case for which an |
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administrative law judge employed by the State Office of |
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Administrative Hearings issues written findings of fact and |
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conclusions of law on or after the effective date of this Act. A |
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contested case for which an administrative law judge employed by |
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the State Office of Administrative Hearings issues written findings |
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of fact and conclusions of law before the effective date of this Act |
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is governed by the law in effect on the date the findings of fact and |
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conclusions of law were issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |