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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 107DENTAL BOARD PROCEDURES
SUBCHAPTER APROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
RULE §107.63Informal Disposition

Pursuant to the Administrative Procedure and Texas Register Act, §13(e), ultimate disposition of any complaint or matter pending before the Board may be made by stipulation, agreed settlement, or consent order. Such informal dispositions will facilitate the expeditious change or correction of dental practice patterns which constitute violations of the Dental Practice Act or the rules of the Board.

  (1) Approval. The secretary or executive director shall determine if the public interest would be served by offering to resolve a complaint or other matter pending before the board by stipulation, settlement agreement, or consent order in lieu of a formal disciplinary proceeding described in Texas Civil Statutes, Article 4548h, (relating to hearing). If the secretary or executive director approves the matter for possible resolution by stipulation, agreed settlement, or consent order, the licensee and other persons shall be notified as provided in this section.

  (2) Procedure. Upon referral by the secretary or executive director of a complaint or other matter for possible resolution by stipulation, agreed settlement, or consent order, the following procedure shall be followed.

    (A) One or more members of the board shall represent the full board at the settlement conference.

    (B) The board will provide the licensee notice in writing of the time, date, and place of the settlement conference. Such notification shall inform the licensee of the nature of the alleged violation, that he or she may be represented by legal counsel, that the licensee may offer the testimony of such witnesses as he or she may desire, that the board will be represented by one or more of its members and by legal counsel, and that he or she may request that the matter be considered by the board according to procedures described in Texas Civil Statutes, Article 4548h, (relating to hearing). A copy of the board's rules relating to informal disposition of cases shall be enclosed with the notice of the settlement conference. Notice of the settlement conference, with enclosures, shall be sent by certified mail, return receipt requested, to the current address of the licensee on file with the board.

    (C) The settlement conference shall be informal and will not follow the procedure established in this chapter for contested cases. The licensee, his or her attorney, and representative(s) of the board and board staff may question witnesses, make relevant statements, present affidavits or statements of persons not in attendance, and may present such other evidence as may be appropriate.

    (D) The settlement conference will be conducted by a representative(s) of the board. The board's representation may call upon the board's attorney at any time for assistance in conducting the settlement conference. The board's representative(s) may question any witness, and shall afford each participant in the settlement conference the opportunity to make such statements as are material and relevant.

    (E) The board's representative(s) may prohibit or limit access to the board's investigative file by the licensee, his or her attorney, and the complainant and his or her representative.

    (F) The board's representative(s) shall exclude from the settlement conference all persons except witnesses during their testimony, the licensee, his or her attorney, the complainant, board members, and board staff.

    (G) At the conclusion of the settlement conference, the Board's representative(s) shall make recommendations to the licensee for resolution or correction of any alleged violations of the Dental Practice Act or of the Board rules. Such recommendations may include any disciplinary actions authorized by the Dental Practice Act, Texas Civil Statutes, Article 4549, §3. The Board's representative(s) may, on the basis that a violation of the Dental Practice Act or the Board's rules has not been established recommend that the case be closed, or the case may be referred to the Board Secretary for further investigation.

    (H) The licensee shall either accept or reject the settlement recommendations proposed by the board representative(s) within 30 days of the last day of the conference. To accept the settlement agreement, the licensee must sign the agreement and cause the signed agreement to be returned to and filed with the board within the 30-day period. Inaction by the licensee shall constitute rejection. If the licensee rejects the proposed agreement, the matter shall be referred to the secretary and executive director for other appropriate disposition.

    (I) Following acceptance and execution by the licensee of the settlement agreement, said agreement shall be submitted to the board's legal counsel, and/or executive director for review.

    (J) The settlement proposal will then be submitted to the entire board for approval.

    (K) A recommendation to close a case requires no action by the Respondent prior to its presentation to the Board.

  (3) Consideration by the Board.

    (A) The name and license number of the licensee will not be made available to the board until after the board has reviewed and made a decision on the settlement conference.

    (B) Upon an affirmative majority vote, the Board shall either enter an order approving the proposed settlement agreements, or without entry of an order, approve the recommendation to close. Said order shall bear the signature of the president and secretary of the Board, or of the officer presiding at such meeting and shall be included in the minutes of the Board.

    (C) If the board does not approve a proposed settlement agreement, the licensee shall be so informed. The matter shall be referred by the board to the secretary and executive director for consideration of appropriate action.


Source Note: The provisions of this §107.63 adopted to be effective July 18, 1989, 14 TexReg 2952; amended to be effective April 19, 1998, 23 TexReg 3831.

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