Sec. 164.004. COMPLIANCE WITH DUE PROCESS REQUIREMENTS. (a) Except in the case of a suspension under Section 164.059 or under the terms of an agreement between the board and a license holder, a revocation, suspension, involuntary modification, or other disciplinary action relating to a license is not effective unless, before board proceedings are instituted:
(1) the board gives notice, in a manner consistent with the notice requirements under Section 154.053, to the affected license holder of the facts or conduct alleged to warrant the intended action; and
(2) the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license, at the license holder's option, either in writing or through personal appearance at an informal meeting with one or more representatives of the board.
(b) If the license holder chooses to personally appear and an informal meeting is held, the board's staff and the board's representatives are subject to the ex parte provisions of Chapter 2001, Government Code, with regard to contacts with board members and administrative law judges concerning the case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Chapter 164 - Disciplinary Actions and Procedures
Subchapter A. General Provisions
Section 164.001. Disciplinary Authority of Board; Methods of Discipline
Section 164.0015. Remedial Plan
Section 164.002. Board Disposition of Complaints, Contested Cases, and Other Matters
Section 164.0025. Delegation of Certain Complaint Dispositions
Section 164.003. Informal Proceedings
Section 164.0031. Board Representation in Informal Proceedings
Section 164.0032. Roles and Responsibilities of Participants in Informal Proceedings
Section 164.0035. Dismissal of Baseless Complaint
Section 164.0036. Notice Regarding Certain Complaints
Section 164.004. Compliance With Due Process Requirements
Section 164.005. Initiation of Charges; Formal Complaint
Section 164.006. Service of Notice
Section 164.007. Administrative Hearings; Confidentiality Issues
Section 164.0071. Hearings on Certain Complaints
Section 164.0072. Board Appeal of Findings of Fact and Conclusions of Law
Section 164.008. Right to Counsel
Section 164.009. Judicial Review