TBCE Proposes Amending Rule 79.2
Written by Editor   
Wednesday, September 09, 2015 03:08 PM

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 79, §79.2, concerning Commencement of Enforcement Proceedings. Red indicates newly added language.  Strikethrough indicates language to be deleted.

 §79.2.Commencement of Enforcement Proceedings.

(a) Filing with SOAH. Board staff will file a Request to Docket Case Form, as required by SOAH rules, with the SOAH for an enforcement case referred for formal hearing under §78.8(c) of this title (relating to Rules of Practice).

(b) Notice. The respondent shall be entitled to reasonable notice of a hearing of not less than ten days prior to the hearing as provided by the APA, §2001.051. The notice shall contain a citation to 1 TAC Chapter 155 (relating to SOAH Rules of Procedure) and include the matters specifically required by §2001.052, as follows:

(1) a statement of the time, place, and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is being held;

(3) a reference to the particular sections of the Chiropractic Act, other law or rules which the respondent is alleged to have violated; and

(4) a short and plain statement of the acts relied on by the board as a violation of the cited law and rules.

(c) Service. The notice of hearing and the formal complaint by the board shall be served on the respondent, at the last known address of the respondent. Service on the respondent shall be complete and effective if service is by registered or certified mail and by regular mail, at the current business or mailing address of the respondent on file with board.

(d) Alternative Methods of Service. Upon agreement of the party to be notified, the Board may utilize electronic means sent to the current electronic-mail or telecopier number of the party's attorney of record or of the party if the party is not represented by counsel.