TBON pushing new default rule

The Texas Board of Nursing is updating some practice related to default proceedings.  Basically, these are the cases where a licensee does not show up for a SOAH administrative hearing.  In that case, the Board feels that the licensee in likely not a good candidate for completing the stipulations placed on licensees with disciplinary action (they are probably 100% right).  Thus they are formalizing what has been the standard practice by altering rule 213.33 to read as follows:

§213.33.Factors Considered for Imposition of Penalties/Sanctions.

(a) – (l) (No change.)

(m) Notwithstanding any other provision herein, a person’s failure to appear in person or by attorney on the day and at the time set for hearing in a contested case shall entitle the Board to revoke the person’s license.
Here is the link to the Texas Register notice.  The deadline for public comment is March 28, 2011.

Marc

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