| (a) A proposed agreed order may be negotiated with
any person under the jurisdiction of the board, the terms of which
shall be approved by the investigation committee.
(b) The proposed agreed order will be sent to the respondent
by a method of service in accordance with Government Code, §2001.142.
To accept the agreed order, the respondent must sign it and return
it to the board staff within 10 days after receipt. Inaction by the
respondent constitutes rejection. If the respondent rejects the proposed
settlement, the matter shall be referred to the investigation committee,
the executive director, or staff for appropriate action.
(c) The proposed agreed order with the signature of
the respondent will be presented to the board. The proposed agreed
order shall have no effect until such time as the board may, at a
regularly scheduled meeting, take action approving the agreed order.
If approved by the board, the chair of the board is authorized to
sign the agreed order on behalf of the board. When the board has approved
and signed an agreed order, the board order will be sent to the licensee.
(d) The respondent shall be notified of the date, time,
and place of the board meeting at which the proposed agreed order
will be considered. Attendance by the licensee or applicant is voluntary.
(e) Consideration by the board.
(1) The name and license number of the licensee or
the name of the applicant will not be made available to the board
until after the board has reviewed and made a decision on the agreed
order.
(2) Upon an affirmative majority vote, the board shall
approve the agreed order, and the chairperson of the board will sign
it on behalf of the board. The final board order will be provided
to the respondent.
(3) If the board does not approve the agreed order,
the matter may be referred to the investigation committee, the executive
director, or designee for other appropriate action. The respondent
and the complainant shall be so informed.
|
| Source Note: The provisions of this §343.41 adopted to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 11, 1993, 18 TexReg 7554; amended to be effective May 8, 1996, 21 TexReg 3710; amended to be effective September 1, 2023, 48 TexReg 4256 |
