| (a) At any stage of a disciplinary case, informal disposition
of a complaint or contested case involving an applicant or licensee
may be made through an informal conference held to determine whether
the matters in controversy can be resolved without further proceedings,
including by agreed order.
(b) In any case where a notice of violation has been
issued proposing disciplinary action against an applicant or licensee,
that person will be given the opportunity to attend an informal conference
to show compliance with the law, pursuant to Texas Government Code §2001.054
(relating to Licenses), prior to a requested hearing. If the applicant
or licensee fails to appear at a scheduled informal conference, the
department may deem that person to have waived the right to an informal
conference and may proceed to hearing.
(c) An informal conference shall be voluntary for the
applicant or licensee and shall not be a prerequisite to a formal
hearing.
(d) The conference shall be informal and shall not
follow the procedures established in this subchapter for contested
cases and formal hearings.
(e) The department will establish the time, date and
place of the informal conference, and provide written notice to the
licensee or applicant. Written notice will be provided no less than
10 business days prior to the date of the informal conference at the
last known address of the licensee or applicant.
(f) The applicant or licensee may be represented by
legal counsel at the informal conference. The department's legal counsel
and appropriate staff will be present at the conference.
(g) At the conclusion of the informal conference, the
department may propose an informal disposition of the complaint or
contested case. The proposal may include proposed entry of an agreed
order imposing any disciplinary action authorized by the Act or this
subchapter. The department may also conclude that the department lacks
jurisdiction; that the matter should be referred for further investigation;
that the complaint should be closed without action; or that the department
will proceed to a contested case hearing on the proposed action, if
one has been requested by the applicant or licensee, in accordance
with §140.430 of this title (relating to Procedures for Contested
Cases).
(h) The licensee or applicant may either accept or
reject the department's proposal at the informal conference. If the
recommendations are accepted, a proposed agreed order will be forwarded
to the licensee or applicant, or that person's attorney. The order
will include any agreed findings of fact and conclusions of law. If
the licensee or applicant fails to return the signed order within
20 days of receipt of the proposed order, or within another time frame
specified or agreed to by the department, the department's proposed
order will be deemed withdrawn and the department may proceed to a
contested case hearing on the action originally proposed, if the applicant
or licensee has requested one, or otherwise proceed with appropriate
action against the applicant or licensee. The licensee or applicant
will be deemed to have received the proposed agreed order three days
after mailing.
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