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A BILL TO BE ENTITLED
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AN ACT
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relating to disposition of a contested case by the Texas Medical |
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Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (a-1), Section 164.007, |
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Occupations Code, 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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The board may obtain judicial review of any finding of fact or |
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conclusion of law issued by the administrative law judge as |
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provided by Section 2001.058(f)(5), Government Code. For each |
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case, the board has the sole authority and discretion to determine |
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the appropriate action or sanction, and the administrative law |
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judge may not make any recommendation regarding the appropriate |
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action or sanction [only if the board makes a determination |
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required by Section 2001.058(e), Government Code].
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SECTION 2. Subsections (a) and (a-1), Section 164.007, |
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Occupations Code, as amended by this Act, apply only to a contested |
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case for which an administrative law judge employed by the State |
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Office of Administrative Hearings issues written findings of fact |
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and 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, 2011. |