Rogers v. Texas Optometry Board

In its motion for rehearing, the Board has called our attention to our supreme court’s decision in Firemen’s and Policemen’s Civil Service Commission v. Hamman, 404 S.W.2d 308 (Tex.1966), which held that no violation of due process existed where, of three members of the commission ordering an officer’s suspension, one had participated in the investigation of the acts upon which the suspension was based. Thus, the supreme court found no violation of due process where a member of the commission performed both investigatory and adjudicatory functions in an administrative proceeding-a more…