NO. 03-14-00239-CV

____________________________________________________ 

IN THE THIRD COURT OF APPEALS 

AT AUSTIN, TEXAS 

____________________________________________________ 

DR. AMBER BROOKS, D.C., 

 Appellant,

v.

TEXAS MEDICAL BOARD, et al., 

 Appellees.

____________________________________________________ 

On Appeal from the 353rd Judicial District Court of Travis County, Texas 

The honorable Timothy Sulak presiding 

Cause No. D-1-GN-13-003617 

____________________________________________________ 

APPELLEES’ SUPPLEMENTAL BRIEF 

___________________________________________________ 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

 Appellees; the Texas Medical Board and, in their official capacities only, Mari 

Robinson (Executive Director), Irvin E. Zeitler, Jr., D.O., and Paulette Southard 

(hereinafter collectively referred to as the “TMB”) respectfully submit the following 

supplemental brief in the captioned appeal. 

STATEMENT REGARDING ORAL ARGUMENT 

 The TMB conditionally requested oral argument on the first page of its 

original brief. The TMB stated in its brief that it does not believe oral argument is 

ACCEPTED

03-14-00239-CV

4311837

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/27/2015 11:23:46 AM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 11:23:46 AM JEFFREY D. KYLE Clerk
2

necessary. The TMB wises to clarify that it does reserve the right to participate in 

oral argument should it be granted.

RESPONSE TO APPELLANT’S REPLY BRIEF

The TMB submits this supplemental brief for the purpose of clarifying two

points raised in the reply brief filed by Appellant, Amber Brooks (“Brooks”) on 

August 11, 2014.

On page 19 of her reply brief, Brooks states that the TMB referred to Tex. 

Gov’t Code § 2001.052 in arguing that cease and desist proceedings are not subject

to the Texas Administrative Procedure Act (“APA”) in the first place. See the 

TMB’s brief at 14. The TMB intended to refer to Tex. Gov’t Code § 2001.054, not 

.052. (The TMB clearly referred to and discussed § 2001.054 on the same page of 

its brief to which Brooks refers).

On page 21 of her reply brief, Brooks states that the TMB cited Tex. Occ. 

Code § 151.504(d) in support of its contention that the Veterinary Board’s statute 

specifically provides that its cease and desist proceedings are subject to the APA. 

See the TMB’s brief at 16. The TMB intended to refer to Veterinary Board rule 

575.40(d)(2), which specifically provides that, in cease and desist proceedings, “the 

Board may refer the complaint and investigative file to the State Office of 

Administrative Hearings for a contested case proceeding (thus subjecting Veterinary 

Board cease and desist proceedings to APA procedures).” 22 Tex. Admin. Code § 
3

575.40(d)(2). Compare TMB Rule 187.83(e), outlining detailed procedures for 

cease and desist proceedings before a TMB panel (and not the contested case 

procedures under the APA). 22 Tex. Admin. Code § 187.83(e).

Dated: February 27, 2015

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR.

Division Chief, Administrative Law 

Division

/s/ Ted A. Ross 

Ted A. Ross

Assistant Attorney General

State Bar No. 24008890

OFFICE OF THE TEXAS ATTORNEY GENERAL

ADMINISTRATIVE LAW DIVISION

P. O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 475-4191

Facsimile: (512) 320-0167

Email: ted.ross@texasattorneygeneral.gov

Attorneys for Appellees Texas Medical 

Board, et al.
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CERTIFICATE OF COMPLIANCE

I hereby certify compliance with Texas Rules of Appellate Procedure 9 and 

that there are 340 words in this document. Microsoft Word was used to prepare this 

filing and calculate the number of words in it.

/s/ Ted A. Ross 

Ted A. Ross

Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of 

Appellate Procedure, a true and correct copy of the above and foregoing document 

has been served on the following on this the 27th day of February 2015:

Robert D. Simpson, Of Counsel Via: Electronic Service and email

Andre D’Souza

Leichter Law Firm, PC

1602 E. 7th Street

Austin, Texas 78702

Email: robert@leichterlaw.com

andre@leichterlaw.com

/s/ Ted A. Ross 

Ted A. Ross 

Assistant Attorney General