Sec. 301.459.  FORMAL HEARING.  (a)  The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case.  An administrative law judge employed by the State Office of Administrative Hearings shall conduct a formal hearing.  After receiving the administrative law judge's findings of fact and conclusions of law for a contested case, the board shall dispose of the case by issuing a final order based on the administrative law judge's findings of fact and conclusions of law.
(a-1)  Notwithstanding Section 2001.058(e), Government Code, the board in a contested case may not change a finding of fact or conclusion of law or vacate or modify an order of the administrative law judge.  The board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge as provided by Section 2001.058(f)(5), Government Code.  For each case, the administrative law judge may make a recommendation regarding an appropriate action or sanction.  The board has the sole authority and discretion to determine the appropriate action or sanction.
(b)  In any hearing under this section, a nurse is entitled to appear in person or by counsel.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.050, eff. Sept. 1, 2003.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 14, eff. September 1, 2017.