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TREC workshop examines temporary-suspension authority after contested-case timeline revealed
Summary
Staff reviewed the legal standard and past uses of temporary-suspension authority, outlined a contested-case timeline tied to a federal guilty plea and recommended the commission consider rulemaking to clarify triggers and process for temporary suspensions.
Commission staff led a workshop on the commission's authority to temporarily suspend licenses, explaining statutory standards and how the provision has been used historically.
Staff explained that a three-commissioner disciplinary panel — traditionally the enforcement committee — may temporarily suspend a license when it determines that a licensee's continued practice would "constitute a continuing threat to the public welfare." Staff emphasized the high legal standard for suspensions, particularly when seeking a temporary suspension without notice or hearing, because doing so bypasses the normal enforcement process and triggers a simultaneous contested case that must be set "as soon as possible."
Staff reviewed past agency uses of the authority and said the tool is used sparingly. Examples cited included cases…
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