| (a) Recommendations by the Executive Director.
(1) The executive director may review applications
for licensure and determine whether an applicant is eligible for licensure
or refer an application to a committee of the Board for review.
(2) To promote the expeditious resolution of any licensure
matter, the executive director may recommend that the applicant be
eligible for a license, but only under certain terms and conditions,
and present a proposed agreed licensure order to the applicant.
(A) If the proposed agreed licensure order or remedial
plan is acceptable to the applicant, the applicant shall sign the
agreed licensure order and the agreed licensure order shall be presented
to the Board for consideration and acceptance without conducting an
informal board proceeding relating to licensure eligibility.
(B) If the proposed agreed order is not acceptable
to the applicant, the applicant may request review of the executive
director's recommendation by a committee of the Board.
(b) Determination by a Committee of the Board. Upon
a review of an application for licensure, a committee of the Board
may determine that the applicant is ineligible for licensure, or is
eligible for licensure with or without restrictions or conditions,
or defer its decision pending further information.
(1) Licensure with Terms and Conditions.
(A) If the committee determines that the applicant
should be granted a license under certain terms and conditions based
on the applicant's commission of a prohibited act or failure to demonstrate
compliance with provisions under the Veterinary Licensing Act (Chapter
801, Occupations Code) or board rules, the committee, as the Board's
representatives, shall propose an agreed order.
(B) If the applicant agrees to the terms of the agreed
order, the proposed agreed order will be presented to the Board for
approval at the next board meeting.
(i) The agreed licensure order may be adopted, modified,
or rejected by the Board.
(ii) If the Board approves the agreed order with or
without amendments, the executive director or their designee shall
mail the approved agreed order to the applicant. The applicant shall
have fourteen (14) days from receipt to accept the amended agreed
order by signing and returning it to the Board. If an applicant does
not sign and return an amended agreed order or does not respond within
the fourteen (14) days, the applicant shall be considered ineligible
for licensure.
(iii) If the Board rejects the agreed order, the applicant
may be scheduled for a hearing before an administrative law judge
at the SOAH, or the Board may direct the executive director to take
other appropriate action.
(C) If the applicant does not agree to the terms of
the proposed agreed order, the applicant is considered ineligible
for licensure.
(2) Ineligibility Determination.
(A) If an applicant is ineligible for licensure either
through a determination by a board committee or through the applicant's
failure to accept a proposed agreed order, the applicant will be notified
of the determination and scheduled for a hearing before an administrative
law judge at the State Office of Administrative Hearings, unless the
applicant sends notice in writing to the Board that the applicant
accepts the determination of ineligibility or withdraws the application
for licensure.
(B) A hearing on an applicant's eligibility for licensure
will be conducted in accordance with §575.30 of this chapter
(relating to Contested Case Hearing at SOAH), and a final decision
of the Board shall be rendered in accordance with §§575.6
- 575.9 of this chapter (relating to Procedures Following a Contested
Case Hearing, Presentation of Proposal for Decision, Final Decision
and Orders, and Motions for Rehearing).
(C) An applicant whose petition for licensure is denied
by a final order of the Board may not file another petition for licensure
until after the expiration of two years from the date of the Board's
order denying the petition.
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