| (a) Upon completion of the investigation of an alleged
violation, the commission shall notify the authorized person by certified
mail of the facts or conduct alleged that may warrant commission action
regarding the person's authorized personnel status and invite the
authorized person to an informal conference.
(b) An authorized person shall have 20 days from the
date of receipt of the notice to respond to the commission or waive
his or her attendance at the informal conference. If an authorized
person fails to respond to the commission's notice an informal conference
will be scheduled. The authorized person must receive notice of the
conference at least seven days prior to the conference. The conference
will be held at the Texas Animal Health Commission office in Austin.
(c) At the conclusion of the informal conference, the
Executive Director shall determine whether a violation occurred and
take appropriate action. Such action may include no action, warning,
suspension, or revocation. The Executive Director shall notify the
authorized person by certified mail of his or her decision within
15 days after the informal conference.
(d) If the Executive Director determines that a violation
has occurred and that disciplinary action and/or a penalty is warranted,
the Executive Director will advise the licensee of the alleged violations
and offer the person a settlement in the form of an agreed order that
specifies the disciplinary action and/or penalty. A suspension may
be in effect for a period of up to one year. An order of suspension
shall identify specific conditions or prohibitions relative to the
suspension. A revocation may be in effect for a period of up to two
years.
(e) An authorized person shall have 20 days from the
date of the receipt of the decision to submit a written response accepting
the settlement offer or requesting a hearing. The administrative hearing
for the appeal will be held in Austin, pursuant to Chapter 32 of this
title (relating to Hearing and Appeal Procedures).
(f) If the authorized person accepts the settlement
offer by signing the agreed order, the agreed order will be docketed
for commission action at the next regularly scheduled commission meeting.
(g) The Executive Director may, upon written notice
and pending final determination by the commission, summarily suspend
a person's authorized personnel status when it is deemed necessary
to protect the safety, health, and interest of the public. The Executive
Director shall hold an informal conference within 14 days of the date
of the suspension to determine if formal action should be initiated
against the authorized person. The authorized person must receive
notice of the conference at least 72 hours prior to the conference.
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