| (a) The purpose of an informal conference shall be
to provide the complainant with an opportunity to be heard, the respondent
with an opportunity to show compliance with the law, and for the agency
staff or Disciplinary Review Panel to make a recommendation regarding
the informal disposition of the complaint. An informal disposition
may be made of any complaint by stipulation, conditional letter of
agreement, agreed or consent order, or dismissal.
(b) Agency staff may conduct an informal conference
if counsel for the agency reasonably believes that expert testimony
is not required to prove a violation of a standard of care or the
scope of practice for the profession. Agency staff shall exercise
reasonable control over the mode and order of the appearance by the
parties, the presentation of witnesses and evidence, and the overall
order and decorum during the proceedings. Complainants and respondents
will be provided an opportunity to be heard by staff, at a time separate
and apart from the other.
(c) A Disciplinary Review Panel shall consist of not
more than three board members selected by the member board. The panel
shall confer with each other and select a chair for the informal conference.
The panel chair shall exercise reasonable control over the mode and
order of the appearance by the parties, the presentation of witnesses
and evidence, and the overall order and decorum during the proceedings.
Complainants and respondents will be provided an opportunity to be
heard by the panel, at a time separate and apart from the other.
(d) Complainants and respondents may appear with legal
counsel at informal conferences and shall be provided with an opportunity
to present witnesses and any evidence they believe is relevant to
a determination of the allegations, including written statements or
communications, medical or mental health records, recordings, photographs,
or other documentary evidence.
(e) Complainants and respondents are encouraged to
attend informal conferences, but attendance is voluntary.
(1) Failure by a respondent to attend an informal conference
does not constitute professional misconduct or failure to cooperate
with a Council investigation, but a respondent is not entitled to
a new or additional informal conference if agency staff or the panel
makes a disciplinary recommendation regarding the licensee in absentia.
(2) Failure by a complainant to attend an informal
conference may result in a recommendation for dismissal of the complaint.
(f) A complaint which is not dismissed or resolved
by agreement following an informal conference, shall be filed as a
contested case with the State Office of Administrative Hearings.
(g) An attorney for the agency must be present at all
informal conferences.
(h) Informal conferences are not open meetings subject
to Chapter 551 of the Government Code and no formal record of the
proceedings shall be made or maintained.
(i) The Council finds and declares that informal conferences
are part of the confidential complaint and investigation process,
and as such, the Disciplinary Review Panel and agency staff shall
take any and all steps necessary to ensure the confidentiality of
informal conferences in accordance with §507.205 of the Occupations
Code.
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