| (a) A respondent may meet with the Board for an investigative
discussion of the facts and circumstances of the alleged violations.
(b) A respondent may, but is not required to, have
an attorney or other advocate present at an investigative conference.
(c) A respondent will be provided with a Statement
of Investigative Conference Procedures and Rights (IC Form) not later
than three days before the date of the investigative conference. The
respondent and respondent's attorney, if any, must acknowledge receipt
of the IC Form by signing it and delivering it to the Board at the
beginning of the investigative conference.
(d) The Board will provide a copy of the investigative
report to the respondent and respondent's representative(s), if any,
not later than three days before the date of the investigative conference
if respondent and respondent's representative(s), if any:
(1) Submit a written request for a copy of the investigative
report not later than five days before the date of the investigative
conference; and
(2) Sign the Board's confidentiality agreement prohibiting
the re-release of the investigative report without written permission
of the Board or a court order.
(e) Participation in an investigative conference is
not mandatory and may be terminated at any time by either party.
(f) At the conclusion of the investigative conference,
the Board staff may propose a settlement offer that can include administrative
penalties and any other disciplinary action authorized by the Act
or recommend that the complaint be dismissed.
(g) The respondent may accept, reject, or make a counter
offer to the proposed settlement not later than ten (10) days following
the date of the investigative conference.
(h) If the parties cannot reach a settlement not later
than ten (10) days following the date of the investigative conference,
the matter will be referred to the Director of Standards and Enforcement
Services to pursue appropriate action.
|
| Source Note: The provisions of this §157.31 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective January 1, 2016, 40 TexReg 8898 |
