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Under Texas Occupations Code §1101.364, TREC may issue an emergency temporary suspension of a license without prior notice to the license holder. What must TREC determine before exercising this authority?

Correct Answer

B) That the license holder's continued practice constitutes an immediate threat to the public welfare

Under Texas Occupations Code §1101.364, TREC may issue an emergency temporary suspension without prior notice only upon a determination that the license holder's continued practice poses an immediate threat to the public welfare. This is an extraordinary remedy reserved for situations where the risk of harm is urgent and cannot wait for standard notice-and-hearing procedures.

Answer Options
A
That the license holder has accumulated three or more formal complaints within the preceding 12-month period
B
That the license holder's continued practice constitutes an immediate threat to the public welfare
C
That the license holder has failed to respond to a TREC inquiry and a scheduled hearing has been postponed at least once
D
That the license holder is under concurrent investigation by another state licensing authority or federal agency

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Related Topics & Key Terms

Key Terms:

emergency_suspensionimmediate_threatpublic_welfareextraordinary_power
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