7.08 Powers and Duties

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The Board of Disciplinary Appeals shall exercise the following powers and duties:

A. Propose rules of procedure and administration for its own operation to the Supreme Court of Texas for promulgation.

B. Review the operation of the Board of Disciplinary Appeals and periodically report to the Supreme Court and to the Board.

C. Affirm or reverse a determination by the Chief Disciplinary Counsel that a statement constitutes an Inquiry as opposed to a Complaint.

D. Hear and determine appeals by the Respondent or the Commission on the record from the judgment of an Evidentiary Panel. The appellate determination must be made in writing and signed by the chair or vice-chair of the Board of Disciplinary Appeals, or other person presiding.

E. Transfer any pending Disciplinary Proceeding from one Committee to another within the same District if the one Committee fails or refuses to hear the Disciplinary Proceeding.

F. Transfer matters from one Committee to another, whether or not within the same District, when the requirements of fairness to the Complainant or the Respondent require.

G. Hear and determine actions for compulsory discipline under Part VIII.

H. Hear and determine actions for reciprocal discipline under Part IX.

I. Hear and determine actions for disability suspension under Part XII.

J. Exercise all other powers and duties provided in these rules.


 

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