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RULE §187.19Resolution by Agreed Order

(a) If the board representatives determine that the licensee has violated the Act, board rules, or board order, the board representatives may recommend board action and terms and conditions for informal resolution.

(b) The recommendation of the board representatives shall be reduced to writing in an agreed order or remedial plan prepared by board staff and presented to the licensee and the authorized representative.

(c) The licensee may accept the proposed settlement by signing and returning the agreed order or remedial plan within the time period prescribed. If the licensee rejects or fails to timely accept the proposed agreement, board staff may proceed with the filing of a Complaint at SOAH.

(d) Additional negotiations may be held between board staff and the licensee or the authorized representative. In consultation with the board representatives, as available, the recommendations of the board representatives may be subsequently modified based on new information, a change of circumstances, or to expedite a resolution in the interest of protecting the public.

(e) The board representative(s) shall be consulted and must concur with any subsequent substantive modifications before any recommendations are sent to the full board for approval.

(f) The recommendations may be adopted, modified, or rejected by the board.

(g) Board staff may communicate directly with the board representative(s) after the ISC for the purpose of discussing settlement of the case.

Source Note: The provisions of this §187.19 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective July 7, 2016, 41 TexReg 4828

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