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FILED ACCEPTED
503-23-17769 503-23-17769
5/15/2023 10:10 PM 5/16/2023 8:18:30 am
STATE OFFICE OF STATE OFFICE OF
ADMINISTRATIVE HEARINGS HEARING CONDUCTED BY THE ADMINISTRATIVE HEARINGS
Crystal Rosas, CLERK STATE OFFICE OF ADMINISTRATIVE HEARINGS Crystal Rosas, CLERK
SOAH DOCKET NO. 503-23-17769 MD
TEXAS MEDICAL LICENSE NO. K-9770
NICOLETTE ROBLES:
COMES NOW, Mary Talley Bowden, M.D. (“Respondent”), herein, and files this her Original
Answer, and in support thereof, would show unto the Court as follows:
I. GENERAL DENIAL
1. Respondent generally denies each and every, all and singular, the factual allegations in the
2. Subject to the above and foregoing general denial, and still insisting on the same,
3. Respondent specifically denies that the Board complied with all procedural rules prior to
4. The Board is barred from disciplining Respondent under this Complaint pursuant to Tex.
Occ. Code § 164.004. The board failed to comply with 22 Tex. Adm. Code Part 187 by, at least, failing
to provide full notice of the allegations and facts underlying those allegations 45 days or more prior to
the informal settlement conference. A panel member testified regarding his assumptions regarding the
contents of the Medical Staff Bylaws of hospitals relevant to the board action without those bylaws being
made of record by Board Staff and served on Respondent. By doing so, the panel member impermissibly
provided to Respondent by Board Staff. Further, the panel did not limit itself to evidence in the record
5. The Board is barred from disciplining Respondent pursuant to Tex. Occ. Code § 164.004
because it failed to comply with Tex. Occ. Code § 164.0032(c) during the Informal Settlement
Conference. Panel counsel stated his opinion regarding factual conclusions to be reached rather than
limiting his participation to questions clarifying testimony, advising the panel on the law, or providing
information on comparable cases. Panel counsel impermissibly added previously undisclosed opinion
evidence to the record and then met with the Panel during its closed deliberations. Both the additional
opinion evidence and Panel counsel’s subsequent participation in deliberations violate Respondents due
7. Respondent asserts that the Board is asserting aggravating factors improperly and in
violation of Texas law and the Texas and U.S. Constitutions. The Board has no evidence of such factors
nor cited any such factors in connection with the informal settlement conference. The Board asserts such
factors solely because Respondent declined to execute a proposed agreed order that is voluntary under
applicable law.
IV. PRAYER
that upon final trial and hearing that Board take nothing of and from Respondent, that this Complaint be
dismissed, and for all such other and further relief, general and special, at law and in equity, to which
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Copy from re:SearchTX
Respectfully submitted,
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all counsel of record via electronic service on this, the 15th day of May 2023.
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Copy from re:SearchTX
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
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