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’ UNOPPOSED MOTION FOR LEAVE 

TO FILE POST-SUBMISSION BRIEF

____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 38.7 and the Clerk’s notice to the parties dated 

February 18 2015, Appellees; the Texas Medical Board and, in their official 

capacities only, Mari Robinson (Executive Director), Irvin E. Zeitler, Jr., D.O., and 

Paulette Southard; respectfully request the Court to grant them leave to file the 

supplemental brief attached hereto as Exhibit A. 

Dated: February 27, 2015

ACCEPTED

03-14-00239-CV

4308282

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/27/2015 9:18:01 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 9:18:01 AM JEFFREY D. KYLE Clerk
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.

2
CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. 10.1(5), the undersigned certifies that he conferred 

with counsel for Appellant regarding the foregoing motion and was advised that he 

does not object.

/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

3
EXHIBIT A
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.

1. 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.
2

2. 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).

3. 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 § 

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
3

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.
4

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