The board generally may not discipline a license unless it gives notice and a chance to respond, and certain licensing decisions entitle the person to a hearing at the State Office of Administrative Hearings.
Sec. 301.454. NOTICE AND HEARING. (a) Except in the case of a temporary suspension authorized under Section 301.455 or 301.4551 or an action taken in accordance with an agreement between the board and a license holder, the board may not take any disciplinary action relating to a license unless: (1) the board has served notice to the license holder of the facts or conduct alleged to warrant the intended action; and (2) the license holder has been given an opportunity, in writing or through an informal meeting, to show compliance with all requirements of law for the retention of the license. (b) If an informal meeting is held, a board member, staff member, or board representative who attends the meeting is considered to have participated in the hearing of the case for the purposes of ex parte communications under Section 2001.061, Government Code. (c) A person is entitled to a hearing conducted by the State Office of Administrative Hearings if the board proposes to: (1) refuse to admit the person to examination; (2) refuse to issue a license or temporary permit; (3) refuse to renew a license; or (4) suspend or revoke the person's license or permit. (d) The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the board for any sanction imposed as the result of a hearing conducted by that office. (e) Notwithstanding Subsection (a), a person is not entitled to a hearing on a refusal to renew a license if the person: (1) fails to submit a renewal application; or (2) submits an application that: (A) is incomplete; (B) shows on its face that the person does not meet the renewal requirements; or (C) is not accompanied by the correct fee. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 7, eff. September 1, 2013.