| (a) The Council must approve and enter all final orders
following a contested case before SOAH or where no agreement exists
between the agency and the respondent regarding the disposition of
a contested enforcement related matter. However, each member board
shall be responsible for reviewing complaints involving the standard
of care, ethical guidelines, or scope of practice following a contested
case before SOAH and making a recommendation to the Council regarding
the final disposition. A recommendation from a member board must include
any recommended modifications to the findings of fact and conclusions
of law in the PFD, as well as the recommended sanction. A proposed
final order reflecting a member board's recommendations shall satisfy
the requirements of this rule.
(b) The Council shall review recommendations from member
boards for anti-competitive impacts, administrative consistency, and
good governance concerns. The Council may not substitute its judgment
in contested enforcement matters for that of a member board where,
in the Council's determination, none of the aforementioned concerns
are present.
(c) The Council may solicit input from and request
the assistance of a member board when considering a contested enforcement
matter if there are concerns about the standard of care or ethical
practice shown by a licensee. The Council may specify the format of
the input and assistance requested to satisfy the requirements of
this rule.
(d) Each member board is authorized to dismiss complaints
and approve and enter agreed final orders and informal dispositions;
Council ratification is not required. The Executive Director shall
report the number of dismissals and agreed orders entered under this
rule at Council meetings.
(e) Disposition by the Executive Director.
(1) The Executive Director is authorized to:
(A) dismiss a complaint if the investigator and legal
counsel agree that a violation did not occur or that the agency lacks
jurisdiction over the complaint;
(B) dismiss a complaint recommended for dismissal by
a Disciplinary Review Panel;
(C) dismiss a complaint following a contested case
hearing before SOAH where the ALJ finds no violation of the law has
occurred;
(D) accept the voluntary resignation of a license;
(E) offer, approve, and enter agreed orders if the
disciplinary sanction imposed complies with the disciplinary guidelines
and relevant schedule of sanctions; and
(F) enter an order suspending a license upon receipt
of an order suspending a license issued under Chapter 232 of the Family
Code. Council ratification is not required.
(2) The Executive Director shall report the number
of agreed orders, dismissals, resignations, and suspensions ordered,
along with a brief summary of the basis for each, to the Council and
relevant member board at the next regular meeting.
(3) The Executive Director must, when offering an agreed
order or resignation order prior to an informal conference, advise
the respondent of the right to an informal conference and that the
matter will be set for an informal conference if requested or if an
informal disposition cannot be agreed upon.
(f) Any person who files a complaint will be notified
of the disposition of the complaint. A person who filed a complaint
that is dismissed will be notified of the dismissal by letter and
the letter will reflect the legal basis or reason for the dismissal.
A person who filed a complaint resulting in disciplinary action will
be sent a copy of the Council's final order.
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