|(a) At the conclusion of its investigation the committee
may make a recommendation to the board regarding the disposition of
(b) The committee may recommend dismissal of the complaint
if the committee determines:
(1) the board lacks jurisdiction; or
(2) there is insufficient evidence of a violation of
the Act, board rules or board order; or
(3) the respondent came into compliance with the Act,
board rules or board order.
(c) The committee will inform the respondent of its
recommendation but may, in its discretion, issue a confidential letter
of comment stating the committee's concerns about respondent's practice
and make suggestions that may improve respondent's practice. The committee's
recommendation of dismissal is not final until it is ratified by the
board in an open meeting.
(d) If the committee determines that there is a violation
of the Act, board rules or board order, the committee may recommend
disciplinary action. The committee may recommend any disciplinary
sanction provided in §901.501 of the Act (relating to Disciplinary
Powers of Board), singularly or in any combination. The respondent
shall be notified of the committee's action.
(e) Upon a determination by the committee that there
is a violation of the Act, board rule, or board order, the committee
may offer respondent an agreed consent order containing the committee's
findings of fact and conclusions of law, and proposed sanctions, administrative
penalties and costs. The respondent shall be notified of the committee's
determination by certified mail at the respondent's address on file
with the board. The respondent shall have 20 calendar days to provide
in writing Respondent's acceptance of the agreed consent order or
request a hearing to contest the committee's determination in accordance
with §519.3 of this chapter (relating to Computation of Time).
Upon a showing of good cause, the 20 days may be extended. Failure
to accept the proposed agreed consent order within the required time
to respond shall be deemed a rejection.
(f) If the respondent does not accept the proposed
agreed consent order and fails to request a hearing in writing within
the required time, the executive director, after providing notice
of hearing before the executive director and respondent failing to
appear, may offer a proposed order containing the committee's findings
of fact and conclusions of law and imposing disciplinary sanctions,
and administrative penalties and costs for the board's consideration
and ratification. A proposed order offered by the executive director
is not final until it has been approved by the board.
|Source Note: The provisions of this §519.24 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective October 15, 2008, 33 TexReg 8519; amended to be effective February 9, 2012, 37 TexReg 493; amended to be effective April 10, 2013, 38 TexReg 2223; amended to be effective December 7, 2016, 41 TexReg 9514