Sec. 2301.802. CEASE AND DESIST ORDER. (a) If it appears to the board that a person is violating this chapter or a board rule or order, the board after notice may require the person engaged in the conduct to appear and show cause why a cease and desist order should not be issued prohibiting the conduct described in the notice.
(b) An interlocutory cease and desist order may be granted with or without bond or other undertaking if:
(1) the order is necessary to the performance of the duties delegated to the board by this chapter;
(2) the order is necessary or convenient to maintaining the status quo between two or more adverse parties before the board;
(3) a party before the board is entitled to relief demanded of the board and all or part of the relief requires the restraint of some act prejudicial to the party;
(4) a person is performing, about to perform, or procuring or allowing the performance of an act:
(A) relating to the subject of a contested case pending before the board, in violation of the rights of a party before the board; and
(B) that would tend to render the board's order in the case ineffectual; or
(5) substantial injury to the rights of a person subject to the board's jurisdiction is threatened regardless of any remedy available at law.
(c) A proceeding under this section is governed by:
(1) this chapter and the board's rules; and
(2) Chapter 2001, Government Code, relating to a contested case, to the extent that chapter is not in conflict with Subdivision (1).
(d) An interlocutory cease and desist order remains in effect until vacated or incorporated in a final order. An appeal of an interlocutory cease and desist order must be made to the board before seeking judicial review as provided by this chapter.
(e) A permanent cease and desist order may be issued regardless of the requirements of Subsection (b) but only under the procedures for a final order under this chapter. An appeal of a permanent cease and desist order is made in the same manner as an appeal of a final order under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 33, eff. September 1, 2013.
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