Texas Occupations Code - Section 164.004. Compliance With Due Process Requirements
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§ 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, § 1, eff. Sept. 1, 1999.
Section: 164.002 164.0025 164.003 164.0031 164.0032 164.0035 164.0036 164.004 164.005 164.006 164.007 164.0071 164.008 164.009 164.010
Last modified: August 10, 2007
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