| (1) If the licensee declines the board's settlement offer,
or if the licensee fails to respond timely to the offer, or if the board rejects
a proposed agreed order, the investigator of the complaint shall prepare a
complaint affidavit containing the complaint allegations. The signed and notarized
complaint affidavit will then be reviewed by the board's legal counsel and
signed by the executive director. The date the executive director signs the
complaint affidavit is the official date of filing the complaint affidavit
with the board. The complaint affidavit is then served on the licensee by
certified mail or personal service at least ten (10) days prior to a scheduled
hearing.
(2) The executive director shall submit to the State Office
of Administrative Hearings (SOAH) a completed Request to Docket Case requesting
SOAH to set a hearing and/or assign an administrative law judge to the complaint.
The board shall provide notice of the time, date, and place of the hearing
to the licensee. Following issuance of a proposal for decision by the administrative
law judge, the board by order may find that a violation has occurred and impose
disciplinary action, or find that no violation has occurred. The board shall
promptly advise the complainant of the board's action.
(f) Contingency. The board president shall appoint another
licensee board member to assume the duties of the board secretary in the complaint
process in the event the board secretary is unable to serve in the capacity
set out in this section.
(g) Report to the board of dismissed complaints. The executive
director or the director of enforcement shall advise the board at each scheduled
meeting of the complaints dismissed since the last meeting. The information
will consist of a summary of the allegations, investigation conducted, reasons
for dismissal, and file number.
(h) Use of Private Investigators. The executive director may
approve the use of private investigators to assist in investigation of complaints
where the use of board investigators is not feasible or economical or where
private investigators could provide valuable assistance to the board investigators.
Private investigators may be utilized in cases involving honesty, integrity
and fair dealing; reinstatement applications; solicitation; fraud; dangerous
drugs and controlled substances; and practicing veterinary medicine without
a license. Private investigators will be utilized in accordance with existing
purchasing rules of the Texas General Services Commission.
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