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RULE §187.14Informal Resolution of Disciplinary Issues Against a Licensee

Pursuant to §§164.003 - 164.004 of the Act and §§2001.054 - 2001.056 of the Administrative Procedure Act (APA), the following rules shall apply to informal resolution:

  (1) Any matter within the board's jurisdiction may be resolved informally by agreed order, dismissal, remedial plan or default.

  (2) Prior to the imposition of any disciplinary action or remedial plan against a licensee, the licensee shall be given the opportunity to show compliance with all the requirements of the law for the retention of an unrestricted license before one or more board representatives.

  (3) If a determination is made by the board representatives that there has been no violation, the board representatives may recommend that the complaint or allegations be dismissed.

  (4) If a determination is made by the board representatives that a licensee has violated the Act, board rules, remedial plan or board order, the board representatives may make recommendations for resolution of the issues to be reduced to writing and processed in accordance with §187.19 of this title (relating to Resolution by Agreed Order).

  (5) An opportunity for the licensee to show compliance shall not be required prior to a temporary suspension under §164.059 of the Act, or in accordance with the terms of an agreement between the board and a licensee.

  (6) Any modification made by the board to any proposed agreed order or remedial plan before the initial effective date of the order must be approved by the licensee.

  (7) Informal Resolution of Violations.

    (A) The Quality Assurance ("QA") Committee may recommend referral to an ISC, dismissal, or an agreed settlement of any complaint.

    (B) The QA Committee shall include designated board members, district review committee members, and board staff members.

    (C) The QA Committee shall review all complaints referred by the investigation division to determine whether the complaint should be accepted for legal action.

    (D) If the QA Committee determines that an offer of settlement should be made regarding a complaint the offer of settlement shall be presented to the licensee.

      (i) If the licensee accepts the offer of settlement, the signed proposed order or remedial plan shall be presented to the board at a public meeting for approval.

      (ii) If the licensee fails to timely accept the offer of settlement, or if the licensee requests that an Informal Settlement Conference (ISC) be held, the offer shall be deemed to be rejected and an ISC shall be held.

Source Note: The provisions of this §187.14 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective March 3, 2010, 35 TexReg 1735; amended to be effective February 28, 2011, 36 TexReg 1278; amended to be effective December 25, 2011, 36 TexReg 8551

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