Section 224.192 - Appeal of an Interlocutory Order(a) A party affected by an interlocutory cease-and-desist order or a statutory stay order under Occupations Code, Chapter 2301 may appeal the order to the board by submitting to the department's general counsel a motion requesting that the board modify, vacate, or clarify the order.(b) The party requesting that the board modify, vacate, or clarify an order must also simultaneously serve the request on the other parties and the ALJ in accordance with §224.11 of this title (relating to Filing and Service of Documents).(c) The board will consider the interlocutory appeal and issue a final order at a public meeting as soon as practicable. Notwithstanding the deadline listed in §224.196 of this title (relating to Request for Oral Presentation), the department shall give the parties written notice at least seven days prior to the board meeting at which the board is scheduled to consider the appeal. The notice shall notify the parties regarding the opportunity to attend and provide an oral presentation concerning an order before the board, and the opportunity to provide written materials to the board.(1) Notwithstanding the deadline listed in §224.196, if a party seeks to provide an oral presentation at the board meeting, the party must submit a written request for an oral presentation to the department's contact listed in the notice provided under this subsection and copy all other parties in accordance with §224.11 at least three days prior to the date of the board meeting at which the board is scheduled to consider the party's contested case.(2) Notwithstanding the deadline listed in §224.198 of this title (relating to Written Materials and Evidence), if a party wants to provide written materials at the board meeting, the party must provide the written materials to the department and all other parties in accordance with §224.11 at least three days prior to the date of the board meeting at which the board is scheduled to consider the party's contested case.(d) An appeal to the board of an interlocutory cease-and-desist order or a statutory stay order is governed by Government Code, § 2001.058(e).43 Tex. Admin. Code § 224.192
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2786, eff. 6/1/2024