| (J) Following acceptance and execution of the proposed agreed settlement order by the licensee, said proposed order shall be submitted to the Board's legal counsel, and/or executive director for review. (K) A recommendation to close a case requires no further action by the Respondent. (d) Alternative Dispute Resolution (ADR). (1) Any ADR procedure used to resolve an internal or external dispute before the Board shall comply with the requirements of Chapter 2009, Texas Government Code, and shall, to the extent possible, comply with any model guidelines issued by the State Office of Administrative Hearings for the use of ADR by state agencies. (2) Use of ADR In Contested Disciplinary Matters. (A) The Board Secretary or the Executive Director may refer a contested disciplinary matter to an ADR process to seek resolution or correction of any alleged violations of the Dental Practice Act or of the Board rules. Such ADR processes may include: (i) any procedure described by Chapter 154, Texas Civil Practice and Remedies Code; or, (ii) a combination of the procedures described by Chapter 154, Texas Civil Practice and Remedies Code. (B) Any agreement or recommendation resulting from the application of an ADR process to a contested disciplinary matter shall be documented in written form and signed by the licensee, and legal counsel for the Board and/or the executive director or Board Secretary. Such an agreement or recommendation may include any disciplinary actions authorized by Texas Occupations Code §263.002. (C) If the ADR process results in no agreement or recommendation, the matter shall be referred to the Board Secretary and executive director for other appropriate disposition. (e) Consideration by the Board. (1) All proposed agreed settlement orders, agreements or other recommendations shall be reviewed by the full Board for approval. (2) Upon an affirmative majority vote, the Board shall enter an order approving the proposed agreed settlement order, agreement, or recommendation. Said order shall bear the signature of the Presiding Officer and Board Secretary, or of the officer presiding at such meeting and shall be included in the minutes of the Board. (3) If the Board does not approve a proposed settlement order, agreement, or recommendation, the licensee shall be so informed. The matter shall be referred by the Board to the Board Secretary and Executive Director for consideration of appropriate action. (f) Restitution. (1) Pursuant to Texas Occupations Code §263.0075, the Board may order a licensee to pay restitution to a patient as provided in a proposed agreed settlement order or other agreement or recommendation, instead of or in addition to any administrative penalty. (2) The amount of restitution ordered may not exceed the amount the patient paid to the licensee for the service or services from which the complaint arose. The Board shall not require payment of other damages or make an estimation of harm in any order for restitution. |
| Source Note: The provisions of this §107.63 adopted to be effective July 18, 1989, 14 TexReg 2952; amended to be effective April 19, 1998, 23 TexReg 3831; amended to be effective November 30, 1999, 24 TexReg 10547; amended to be effective May 10, 2004, 29 TexReg 4473; amended to be effective February 24, 2008, 33 TexReg 1546; amended to be effective February 2, 2010, 35 TexReg 631; amended to be effective September 14, 2010, 35 TexReg 8342 |
