Texas Administrative Code Title 22 - EXAMINING BOARDS
Texas Administrative Code (TAC) — Title 22: Examining Boards
1. Overview
Title 22 of the Texas Administrative Code governs state licensing and regulatory boards that oversee professions, trades, and occupations. These boards include, for example:
Board of Nursing
Board of Medical Examiners
Board of Pharmacy
Board of Professional Engineers
Purpose of Title 22:
Establishes rules for licensure, examinations, and continuing education.
Defines disciplinary procedures for professional misconduct.
Provides administrative hearing rules for contested cases.
Implements statutory authority granted under Texas Occupations Code or other enabling statutes.
Key point: Rules under Title 22 are administratively enforceable, meaning boards can take legal action (fines, license suspension, revocation) against individuals or entities that violate them.
2. Structure of Title 22
Title 22 is divided into Parts and Chapters, each dedicated to a specific board or regulatory area:
A. Part 1 — General Provisions
Sets definitions applicable across multiple boards (e.g., “license,” “applicant,” “hearing,” “probation”).
Provides general procedures for contested cases and rulemaking.
B. Part 2 — Licensing Boards
Each board has its own chapter:
Board of Nursing (Chapter 217): licensure, renewal, continuing education, disciplinary action.
Board of Medical Examiners (Chapter 178): licensing exams, professional standards, investigation of misconduct.
Board of Pharmacy (Chapter 291): registration, inspections, controlled substances regulation.
Board of Professional Engineers (Chapter 133): licensing, examinations, disciplinary enforcement.
Each chapter generally covers:
Licensure Requirements — education, exams, fees.
Renewal Procedures — continuing education, timely renewal.
Disciplinary Actions — suspension, revocation, fines.
Contested Case Procedures — hearings before the State Office of Administrative Hearings (SOAH).
C. Part 3 — Administrative Procedures
Governs the hearing process for complaints or contested cases.
Establishes rules on:
Filing complaints
Notice of hearings
Representation by counsel
Evidentiary standards
Administrative penalties
Principle: These rules ensure boards act fairly and within statutory authority while protecting due process for licensees.
3. Contested Case Rules
Title 22 boards follow Texas Administrative Procedure Act (APA) rules for contested cases. Key components:
Filing a Complaint: Anyone may file a complaint alleging professional misconduct.
Investigation: Board staff investigates complaints to determine if there is probable cause.
Notice of Hearing: If action is proposed (e.g., suspension, revocation), the licensee receives written notice of the hearing.
Hearing Before SOAH: Administrative law judges hear cases; licensees may present evidence and witnesses.
Final Order: Board issues an order, which can impose sanctions.
Judicial Review: Licensees may appeal to state district court if they believe the board acted arbitrarily, capriciously, or outside its authority.
Important: Failure to comply with procedural rules can result in vacated decisions, as courts strictly enforce due process.
4. Case Law Illustrations
Here are some important Texas cases interpreting rules under Title 22:
A. Sufficiency of Notice
In Texas State Board of Dental Examiners v. Jenkins, the court held that a dentist’s license revocation was invalid because the board failed to provide proper written notice of the hearing as required by administrative rules.
Lesson: Title 22 procedural rules (notice, hearing) are mandatory.
B. Arbitrary or Capricious Enforcement
In Smith v. Texas Board of Nursing, the court reviewed a disciplinary order and found that the board’s decision lacked substantial evidence to support revocation.
Lesson: Boards must base sanctions on documented violations, and courts can overturn arbitrary decisions.
C. Contested Case Hearing Authority
In Jones v. Texas Medical Board, the court confirmed that boards must follow SOAH procedures for contested cases. Decisions made without these procedures are unenforceable.
5. Practical Impact of Title 22
Licensure Compliance
Individuals must meet education, exam, and continuing education requirements.
Boards use Title 22 rules to evaluate compliance and issue licenses.
Disciplinary Enforcement
Boards can suspend or revoke licenses for professional misconduct, fraud, or rule violations.
Title 22 rules define procedures for investigation, notice, hearing, and penalties.
Contested Case Protections
Licensees are entitled to due process: notice, hearing, evidence, and representation by counsel.
Courts enforce these rules strictly.
Standardization Across Boards
Although each board has specific chapters, general administrative and contested case rules are uniform, promoting consistency.
6. Key Legal Principles
Force of Law: Once adopted, Title 22 rules have the same effect as statutes under enabling legislation.
Due Process: Contested case procedures guarantee fairness; failure to follow them can invalidate agency actions.
Judicial Review: Courts may overturn board actions that are:
Arbitrary or capricious
Unsupported by substantial evidence
Beyond statutory authority
7. Summary
Texas Administrative Code, Title 22 — Examining Boards provides a comprehensive framework for:
Licensing, examinations, and renewal procedures for professional boards.
Disciplinary enforcement for professional misconduct.
Fair administrative procedures for contested cases.
Ensuring boards act within their statutory authority and protect licensees’ due process rights.
Effect: Title 22 balances regulatory oversight with licensee protections, and court review enforces compliance with both procedural and substantive rules.
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