Sec. 264.0526. EMERGENCY CEASE AND DESIST ORDER. (a) The board may issue an emergency cease and desist order to a person if the board reasonably believes that:
(1) the person is engaging or is likely to engage in an activity without a license or registration certificate required by this subtitle; and
(2) the unauthorized activity constitutes a clear, imminent, or continuing threat to a person's physical health or well-being.
(b) The order must:
(1) be delivered on issuance to the person affected by the order by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;
(2) state the acts or practices alleged to be an unauthorized activity and require the person immediately to cease and desist from the unauthorized activity; and
(3) contain a notice that a request for hearing may be filed under this section.
(c) Unless the person against whom the emergency order is directed requests a hearing in writing before the 11th day after the date it is served on the person, the emergency order is final and nonappealable as to that person. A request for a hearing must:
(1) be in writing and directed to the board; and
(2) state the grounds for the request to set aside or modify the order.
(d) On receiving a request for a hearing, the board shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested. The hearing must be held not later than the 10th day after the date the board receives the request for a hearing unless the parties agree to a later hearing date. A hearing under this subsection is subject to Chapter 2001, Government Code.
(e) After the hearing, the board shall affirm, modify, or set aside in whole or in part the emergency cease and desist order. An order affirming or modifying the emergency cease and desist order is immediately final for purposes of enforcement and appeal.
(f) An order continues in effect unless the order is stayed by the board. The board may impose any condition before granting a stay of the order.
(g) The board may release to the public a final cease and desist order issued under this section or information regarding the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 23, eff. Sept. 1, 2003.
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