|(a) Following the acceptance and execution by the licensee or applicant of the settlement agreement, the agreement shall be submitted to the board for approval. (b) The following relate to the consideration of an agreed disposition by the board: (1) Upon an affirmative majority vote of members present to approve an agreed order or remedial plan, the president of the board or of the officer presiding at such meeting shall sign and enter the agreed order or remedial plan and the action shall be referenced in the minutes of the board. (2) If the board does not approve a proposed settlement agreement, the licensee or applicant shall be so informed and the matter shall be referred to board staff for appropriate action that may include dismissal, closure, further negotiation, further investigation, an additional informal resolution conference or a SOAH hearing. In determining the appropriate further action to be taken, the board shall consider previous attempts to resolve the matter. The board must specify their rationale for the rejection of the proposed settlement agreement that shall be referenced in the minutes of the board. (3) The board may approve the proposed agreed order or remedial plan with specified modifications, which shall be referenced in the minutes of the board. The revised proposed agreed order or remedial plan shall be presented to the licensee for acceptance within the time period prescribed. Upon acceptance, the president of the board or the officer presiding at the meeting shall sign and enter the agreed order or remedial plan. (c) To promote the expeditious resolution of any complaint or matter relating to the Act or of any contested case, with the approval of the executive director or a member of the Executive Committee or the Disciplinary Process Review Committee, board staff may present a proposed settlement agreement for licensees to the board for consideration and acceptance without conducting an informal show compliance proceeding.
|Source Note: The provisions of this §187.20 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 December 25, 2011, 36 TexReg 8551