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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 4PRESCRIBED BURNING BOARD ENFORCEMENT PROGRAM
SUBCHAPTER AENFORCEMENT, INVESTIGATION, PENALTIES AND PROCEDURES
RULE §4.7Settlement of a Contested Case

(a) It is department policy to attempt to settle a contested case.

(b) A "contested case settlement" is an agreement between the department and a CPBM which provides for final disposition and resolution of the contested case.

(c) Contested case settlement negotiations may be in person, by phone, or through written communication, at the department's discretion, as necessary to resolve issues related to a particular contested case.

(d) Contested case settlements may incorporate any combination of authorized sanctions, additional training, remedial actions, or other action or remedy authorized by law.

(e) A contested case settlement is subject to approval by the commissioner or deputy commissioner. The commissioner or deputy commissioner shall state in writing the reasons for rejecting a proposed settlement.

(f) A contested case settlement is final and binding when reduced to writing and signed by the commissioner or deputy commissioner and the CPBM or the CPBM's attorney.

(g) If a contested case settlement is rejected by the commissioner or deputy commissioner, the contested case will be resolved through additional settlement negotiations consistent with the reasoning set forth in the commissioner or deputy commissioner's rejection of the settlement, by stipulation to the department's originally proposed penalty or sanction or combination of penalty or sanction, or through a contested case hearing.


Source Note: The provisions of this §4.7 adopted to be effective February 3, 2011, 36 TexReg 409

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