|(a) Upon Staff Attorney approval of an Investigative
Report (Report) finding a violation has occurred, the Investigator
will send the Respondent(s) a copy of the Report and a letter notifying
the Respondent(s) of the Commission's determination to assess an administrative
penalty and/or sanction the Respondent's license(s).
(b) The Respondent(s) has 30 days from receipt of the
letter to respond to this correspondence. The Respondent(s) can accept
the Commission's determination or can request to settle the case by
formal or informal methods. Failure to respond within 30 days waives
the right to a hearing and requires payment of the assessed penalty
and/or enforcement of the license sanction.
(c) Informal methods to settle a case can include the
(1) Informal negotiation with the Staff Attorney or
(2) Informal settlement conference with Executive Director,
Staff Attorney and Investigator. Additionally, the complainant shall
be given an opportunity to present his/her allegations at the settlement
(d) If the Respondent accepts the Commission's determination
to assess an administrative penalty and/or license sanction or if
a settlement is reached via informal methods, the Respondent shall
pay the penalty or shall enter into an Agreed Order with the Commission
which is signed by the Executive Director. Once an Agreed Order is
signed or the penalty is paid, the case is closed.
(e) If no resolution is reached as outlined by subsection
(d) of this section, the Respondent is sent a Notice of Hearing and
Complaint and the Commission sets the case on the SOAH Docket for
a hearing before a SOAH Administrative Law Judge (ALJ).
(f) Once the ALJ renders a Proposal for Decision (PFD),
the PFD is presented to the Commissioners at the Commission's next
regularly scheduled meeting.
(g) The Commissioners accept or modify the PFD by Commission
(h) The Respondent can either accept the Commission's
Order, or after exhausting all administrative remedies, the Respondent
can appeal the Commission's decision by filing suit for judicial review
in accordance with Government Code, Chapter 2001, and Occupations
(i) All correspondence to the Respondent(s) will be
sent by both certified mail and first class mail to the Respondent's
address of record on file with the Commission.
(j) The Commission will notify the Complainant of the
final disposition of the complaint.
(k) Government Code §§2001.051 - 2001.103;
Occupations Code §651.506; and SOAH's Rules of Practice and Procedure
(Tex. Admin. Code, Title 1, §155) govern hearings held at SOAH.
(l) The Commission's Alternative Dispute Resolution
Policy and Procedure Rule, found in §207.1 of this title, and
SOAH's Rules of Practice and Procedure, Tex. Admin. Code, Title 1, §155.351,
govern ADR with Commission staff and mediation at SOAH.