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Board accepts ALJ recommendation, places pharmacy technician on five‑year probation after DWI‑third conviction
Summary
The Board accepted the administrative law judge’s proposal and entered an order imposing five years’ probation with rehabilitative conditions on pharmacy technician Jose Luis Hurtado following a July 2022 third‑offense DWI conviction and court‑ordered community supervision.
The board accepted an administrative law judge’s proposed decision in the contested case of pharmacy technician Jose Luis Hurtado (registration 102316) and approved a board order imposing five years’ probation with rehabilitative conditions.
According to the ALJ proposal summarized by staff, Hurtado was convicted on July 26, 2022 of third‑offense driving while intoxicated. The trial court sentenced him to three years’ community supervision with conditions that included 10 days’ confinement and participation in a portable alcohol monitoring program. The ALJ found, by a preponderance of the evidence, that the conviction occurred within the last five years and that a five‑year probationary sanction is appropriate under board rule 281.64 for an alcohol‑related conviction in that timeframe.
Staff recommended the board accept the ALJ’s proposal and the prepared board order imposing five years’ probation with rehabilitative conditions; the board voted to accept the order. The record and the board order will govern monitoring and any conditions of probation; no further sanction was announced at the meeting.
