The Texas Board of Veterinary Medical Examiners (Board) proposes new §575.36, concerning Rescission of Probation.
Proposed new §575.36 is intended to give the Board a more efficient procedure for disciplining licensees who commit a violation of the Veterinary Licensing Act ("Act") or the Board's Rules Pertaining to the Practice of Veterinary Medicine ("Rules") while on probation for a prior violation of the Board's Rules or the Act. The proposed procedure, which is patterned off that used by the Texas Board of Nursing, will allow the Board to take a probationer who violates probation directly to a disciplinary hearing before the State Office of Administrative Hearings without having to first go through an informal conference.
Nicole Oria, Executive Director, Texas Board of Veterinary Medical Examiners, has determined that for each year of the first five years that the proposed rule is in effect, there will be reduced cost to state government as a result of enforcing the proposed rule, because it will allow the Board to follow a more efficient disciplinary process for recidivist probationer licensees without the need for the Board to expend the resources necessary for an expedited informal conference. Ms. Oria does not anticipate any fiscal implications for local government as a result of the proposed rule. Moreover, Ms. Oria has determined that there will be no local employment impact as a result of adoption of the proposed rule.
Ms. Oria has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be that licensees who violate probation will be disciplined more quickly and efficiently, allowing for better and faster protection of the public. Ms. Oria has determined that there will be no significant change in economic cost for individuals required to comply with the rule. Ms. Oria has determined that there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in cost of compliance between small and large businesses.
The Texas Board of Veterinary Medical Examiners invites comments on the proposed new rule from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by e-mail vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.
The new rule is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter, and §801.151(c)(1), which states that the Board shall adopt rules to protect the public.
Occupations Code, Chapter 801, is affected by this proposal.
§575.36.Rescission of Probation.
(a) At least 20 days prior to a hearing to rescind probation, the probationer shall be served with written notice of the allegations supporting rescission of the probation.
(b) The hearing shall be conducted in accordance with §575.30 of this title (relating to Contested Case Hearing at SOAH).
(c) After giving the probationer notice and an opportunity to be heard, the Board may set aside the stay order and impose the stayed discipline (revocation/suspension) of the probationer's license.
(d) If during the period of probation, an additional allegation, accusation, or petition is reported or filed against the probationer's license, the probationary period shall not expire and shall automatically be extended until the allegation, accusation, or petition has been acted upon by the Board.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 3, 2012.
TRD-201200576
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: March 18, 2012
For further information, please call: (512) 305-7563