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RULE §189.15Determination of Successful Completion of an Order

(a) The determination of successful completion of an order as defined by §189.2(22) of this title (relating to Definitions) shall require that all terms and conditions of the order have been completed and verified by a board Compliance Officer.

(b) Upon determination that all the terms and conditions have been satisfied as outlined in subsection (a) of this section, and no exception to a determination of Successful Completion as listed in subsection (c) or (d) of this section exist, the Compliance Officer will issue a written Notice of Termination of the Order. The effective date of Successful Completion shall be the date on Notice of Termination of the Order.

(c) If the Probationer is subject to an investigation, ISC, and/or a SOAH contested case arising out of an alleged violation of the order, the occurrence of which allegedly happened at any time the order was in effect, there shall be no determination of Successful Completion until the investigation, ISC, or pending SOAH contested case arising from an alleged violation of the order is resolved and approved by the Board through:

  (1) a dismissal;

  (2) agreed order;

  (3) modification of the order; or

  (4) a mediated or final order, resulting from a proceeding or mediation at SOAH.

(d) Tolling. If any provision(s) of the order is tolled, the term of the order shall be extended for the same length of time that the order was tolled. There shall be no determination of Successful Completion until the tolling of the order is lifted and all terms, requirements, provisions or conditions are completed within the extended time period. The completion of the tolled provisions shall be verified by a board Compliance Officer.

(e) Partial Tolling. While a term or provision of an order is tolled, the compliance monitoring of that particular requirement, term or provision shall be suspended, while compliance monitoring shall continue for remaining requirements, terms or provisions that are not tolled.

(f) Exclusions from tolling. The following terms, requirements or provisions shall not be tolled:

  (1) completion of continuing education;

  (2) payment of administrative penalties;

  (3) passing the jurisprudence or SPEX; or

  (4) any other term, requirement, provision specifically excluded from the tolling.

Source Note: The provisions of this §189.15 adopted to be effective January 20, 2014, 39 TexReg 284; amended to be effective January 16, 2018, 43 TexReg 234

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