Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,340
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SOAH Docket No.
License No.
IN THE MATTER OF
I
) BEFORE THE TEXAS STATE
) BOARD OF EXAMINERS OFRESPONDENT
PSYCHOLOGISTS
NAME OF PLEADING
(f) All allegations or responses
shall be made in numbered paragraphs, the
contents of each of which shall be limited
as far as practicable to a statement of a
single set of circumstances; and a paragraph
may be referred to by number in all subse-
quent pleadings, so long as the pleading
containing such paragraph has not been su-
perseded by an amendment. Each violation
founded upon a separate transaction or oc-
currence and each response thereto shall be
stated in a separate count or defense when-
ever a separation facilitates the clear presen-
tation of the matters set forth.
(g) Any pleading filed pursuant to a
Notice of Hearing may be amended up to
seven days prior to the hearing. Amend-
ments after that time will be at the discre-
tion of the presiding officer.
(h) All documents relating to any
proceeding pending before the Board shall
be filed with the chief clerk and the State
Office of Administrative Hearings. A docu-
ment is filed with the Board when it is
received in the Board office or entered of
record in a Board proceeding and is accom-
panied by the filing fee, if any, required by
statute or Board rules. The received date
noted on the document shall be considered
prima facie evidence of the date of filing.
Pleadings received after 5:00 p.m. local
time of the Board shall be deemed filed the
first day following that is not a Saturday,
Sunday or official state holiday.46631. Board Review of Discovery Or-
ders. Any discovery order or order impos-
ing sanctions issued by the presiding officer
is subject to review by an interlocutory
appeal to the Board according to the stage
of the proceeding. The appeal shall be filed
with the Board within five days of the
action that is the subject of the appeal. The
appeal may .be considered by the Board
chair within 15 days after tiling of the
appeal. If the Board chair does not make a
ruling on the appeal with 15 days after the
filing thereof, then the appeal shall be con-
sidered denied and the ruling of the presid-
ing officer shall be considered upheld.
46639. Final Decisions and Orders.
(a) The Board may consider the
case upon the expiration of ten days after
the time for filing of replies to exceptions to
the Proposal for Decision.
(b) A copy of the decision or order
shall be delivered or mailed, certified, re-
turn receipt requested to any party and to
his or her representative.
(c) All final decisions and orders of
the Board after consideration of a proposal
for decision shall be in writing or stated in
the record and signed by the chair or presid-
ing officer. A final order shall include find-
ings of fact and conclusions of law
separately stated.
(d) As the Board has been created
by the legislature to protect the public inter-
est as an independent agency of the execu-tive branch of the government of the State
of Texas so as to remain the primary means
of licensing and regulating the practice of
psychology consistent with federal and state
law and to ensure that sound principles of
psychology govern the decisions of the
Board, it shall hereafter be the policy of the -
Board to change a finding of fact or conclu-
sion of law or to vacate or modify the
proposed order of an administrative law
judge when the proposed order is:
(1) erroneous;
(2) against the weight of evi-
dence;
(3) based on unsound principles
of psychology;
(4) based on an insufficient re-
view of the evidence;
(5) not sufficient to protect the
public interest; or
(6) not sufficient to adequately
allow rehabilitation.
(e) If the Board modifies, amends
or changes the administrative law judge's
proposed Order, an order shall be prepared
reflecting the Board's changes as stated in
the record.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on May 26, 1994.19 TexReg 4340 June 3, 1994 Texas Register *
F I I
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Texas. Secretary of State. Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994, periodical, June 3, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176894/m1/50/?q=%221994-06%22&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.