(a) Before an administrative penalty is imposed, the
board will provide a licensee who is alleged to have committed an
administrative violation with a notice of the allegations regarding
an administrative violation and the amount of a proposed administrative
penalty.
(b) The Notice shall include, at a minimum:
(1) information regarding the allegations, based on
information then available, to allow the licensee to prepare a response;
(2) deadlines for a response and the consequences of
failing to meet such deadlines;
(3) the consequences of paying a proposed administrative
penalty, including the fact that payment will constitute a public
record;
(4) the licensee's right to submit a written response
or request a personal appearance;
(5) a description of the procedural process for consideration
of a written response or request for a personal appearance;
(6) the name and contact information for an employee
who can provide further information.
(c) The licensee may respond to the notice as follows:
(1) The licensee may pay the proposed administrative
penalty;
(2) The licensee may provide a written response to
the board; or
(3) The licensee may request a personal appearance
at an ISC.
(d) If the licensee submits a written response within
30 days after the complaint is received by the board, board staff
may determine that the complaint should not be filed and no investigation
opened. Because the board is limited to 30 days for the preliminary
investigation, pursuant to §157.057(b), Occupations Code, no
extensions may be granted to this deadline.
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