Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.23 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH
				  hearings of contested cases shall be conducted in accordance with the Act, the
				  APA, SOAH rules, and board rules. In the event of a conflict, the Act shall
				  prevail over any other statute or rule, the APA shall prevail over SOAH rules,
				  and SOAH rules shall prevail over the rules of the board, except when board
				  rules provide the board's interpretation of the Act. If SOAH rules are silent
				  on an issue addressed by this subchapter, the provisions of this subchapter
				  shall be applied.
(b) The ALJ has
				  the authority under SOAH rules, Chapter 155, to issue orders, to regulate the
				  conduct of the proceeding, rule on motions, establish deadlines, clarify the
				  scope of the proceeding, schedule and conduct prehearing and posthearing
				  conferences for any purpose related to any matter in the case, set out
				  additional requirements for participation in the case, and take any other steps
				  conducive to a fair and efficient process in the contested case, including
				  referral of the case to a mediated settlement conference or other appropriate
				  alternative dispute resolution procedure as provided by Chapter 2003 of the
				  Government Code.
(c) Any person may
				  file a motion to be admitted as a party upon showing of a justiciable
				  interest.
(d) All documents are to
				  be filed at SOAH after it acquires jurisdiction. Copies of all documents filed
				  at SOAH shall be contemporaneously filed with the Hearings Coordinator of the
				  board.
(e) Because of the often
				  voluminous nature of the records properly received into evidence by the ALJ,
				  the party introducing such documentary evidence should paginate each exhibit
				  and/or flag pertinent pages in each exhibit in order to expedite the hearing
				  and the decision-making process.
(f) In accordance with the provisions of the
				  APA, Section 2001.058(e), a party may file an interlocutory or interim appeal
				  to the board requesting that the board vacate or modify an order issued by an
				  ALJ.
(g) Final argument by the
				  parties, whether written or oral, shall proceed by allowing the party with the
				  burden of proof to open and conclude. In disciplinary matters, board staff will
				  make argument, the respondent/licensee will be permitted to make a reply
				  argument, and board staff will be permitted to make rebuttal argument in that
				  order. In licensure matters, the respondent/applicant shall make argument, the
				  board staff shall be permitted to make reply argument, and the
				  respondent/applicant shall be permitted rebuttal argument, in that
				  order.
(h) Within the time line set
				  out in SOAH rules, after the conclusion of the hearing, the ALJ shall prepare
				  and serve on the parties a proposal for decision that includes the ALJ's
				  findings of fact and conclusions of law.
(i) After receiving the ALJ's findings of
				  fact and conclusions of law, the board shall rule on the merits of the charges
				  and enter an order.