<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §575.20Board Proceedings Relating to Licensure Eligibility

(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.

Source Note: The provisions of this §575.20 adopted to be effective May 12, 2013, 38 TexReg 2761

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page