The State Board of Dental Examiners (Board) proposes repeal of rule §107.104, concerning Official Investigation of a Complaint. Rule 107.104 was improperly adopted following the January 12, 2018, Board meeting. This repeal is being done so that an identical rule can be re-proposed and then properly adopted.

Tyler Vance, Interim Executive Director, has determined that for the first five-year period the proposed rule repeal is in effect, there will not be any fiscal implications for state or local government as a result of repealing the rule.

Mr. Vance has also determined that for the first five-year period the proposed rule repeal is in effect, the public benefit anticipated as a result of this repeal is complying with the law. Mr. Vance has determined that the proposed rule repeal will not have an adverse economic effect on small or micro businesses or rural communities. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered.

Mr. Vance has also determined that for the first five-year period the proposed rule repeal is in effect, the following government growth effects apply: the rule repeal does not create or eliminate a government program; implementation of the repealed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule repeal does not require an increase or decrease in future appropriations; the proposed rule repeal does not require an increase or decrease in fees paid to the agency; the proposed rule repeal does not create a new regulation; the proposed rule repeal does not expand an existing regulation; the proposed rule repeal decreases the number of individuals subject to it; the proposed rule repeal does not adversely affect the state's economy.

Comments on the proposed rule repeal may be submitted to Tyler Vance, Interim Executive Director, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) 305-9364, tvance@tsbde.texas.gov, no later than 30 days from the date that the proposed rule is published in the Texas Register.

This rule repeal is proposed under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

No statutes are affected by this proposed rule.