(a) If there is no written request for an informal show compliance
proceeding based on written information, the licensee shall be scheduled to
appear for an ISC with one or more board representatives.
(b) Notice of the ISC shall be extended to the licensee and
the complainant(s) in writing, by hand delivery, regular mail, certified mail
- return receipt requested, overnight or express mail, courier service, or
registered mail, to the address of record of the licensee or the licensee's
authorized representative to be received at least ten days prior to the date
of the ISC. The notice shall include the time, date, and location of the ISC;
the rules governing the proceeding; the deadline for submitting any additional
material for presentation to the board representatives; and a brief written
statement of the nature of the allegations to be addressed at the ISC.
(c) Requests to reschedule the ISC may be granted only if the
licensee is able to show that extraordinary circumstances exist such as illness,
death or natural disaster, which suggest the need to reschedule the ISC. The
licensee must submit a written request within five days of receipt of the
notice that includes the reasons for the requested continuance. Counsel to
the board shall make the determination as to whether to grant a request to
reschedule.
(d) Prior to the ISC, the board representatives shall be provided
with the information sent to the licensee by the board staff and all information
timely received in response from the licensee. If no information has been
received from the licensee that shall be reported to the board representatives.
(e) The ISC shall allow:
(1) the board staff to present a synopsis of the allegations
and the facts that the board staff reasonably believes could be proven by
competent evidence at a hearing;
(2) the licensee to reply to the board staff's presentation
and present facts the licensee reasonably believes could be proven by competent
evidence at a hearing;
(3) presentation of evidence by the board staff and the licensee
which may include medical and office records, x-rays, pictures, film recordings
of all kinds, audio and video recordings, diagrams, charts, drawings, and
any other illustrative or explanatory materials which in the discretion of
the board representatives are relevant to the proceeding;
(4) representation of the licensee by an authorized representative;
(5) presentation of oral or written statements by the licensee
or authorized representative;
(6) presentation of oral or written statements or testimony
by witnesses;
(7) questioning of the witnesses;
(8) questioning of the licensee;
(9) rebuttal by board staff; and
(10) upon request by board representatives, the board staff
may propose appropriate disciplinary action and the licensee or authorized
representative may respond.
(f) The board representatives may exclude from the ISC all
persons except witnesses during their testimony or presentation of statements,
the licensee, the licensee's authorized representative, board representatives,
and board staff.
(g) All evidence that a licensee wishes the board representatives
to consider at the ISC must be submitted to the board at least seven days
before the ISC. The board representatives may refuse to consider any evidence
not submitted in a timely manner. If the board representatives allow the licensee
to submit late evidence, the representatives may reschedule and/or assess
an administrative penalty for the late submission.
(h) During the ISC, the board's legal counsel shall be present
to advise the board representatives or the board's employees.
(i) At the ISC, the board representatives shall attempt to
resolve disputed matters and the representatives may call upon the board staff
at any time for assistance in conducting the ISC.
(j) The board representatives shall prohibit or limit access
to the board's investigative file by the licensee, the licensee's authorized
representative, the complainant(s), witnesses, and the public consistent with
Act, §164.006.
(k) Although the participants may make notes, mechanical or
electronic recordings shall not be made of the ISC, settlement discussions,
or mediation efforts.
(l) The ISC shall be informal and shall not follow the procedures
established under this title for formal board proceedings.
(m) At the conclusion of the presentations, the board representatives
shall deliberate in order to make recommendations for the disposition of the
complaint or allegations. During the deliberations by the board representatives,
the board representatives shall exclude, except with agreement of the licensee,
the board staff who presented the allegations and facts related to the complaint
against the licensee, the licensee, the licensee's authorized representative,
the complainant(s), witnesses, and the general public. Counsel of the board
shall be available for assistance during deliberations.
(n) The board representatives may make recommendations to dismiss
the complaint or allegations.
(o) Upon a determination by the board representatives that
the licensee has violated the Act, board rules, or board order, the board
representatives may propose resolution of the issues to the licensee to be
reduced to writing and processed in accordance with §187.19 of this title
(relating to Resolution by Agreed Order).
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