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RULE §367.16Complaint Review

(a) The staff shall pursue expeditious resolution of complaints by voluntary agreed settlement, whenever appropriate.

(b) The staff may close a complaint if it concludes:

  (1) the Board lacks jurisdiction over the complaint;

  (2) no violation of the PLL, Board Rules or a Board order has occurred;

  (3) there is insufficient evidence of a violation; or

  (4) the respondent has voluntarily come into compliance with the PLL, Board Rules, or Board order.

(c) The staff may close a complaint and issue a warning if:

  (1) it concludes that a violation may have occurred;

  (2) the respondent has not received any prior warnings; and

  (3) the respondent has not committed a previous violation of the PLL, Board Rules or Board orders.

(d) If staff determines that a violation of the PLL, Board Rules or a Board order has occurred, it may recommend:

  (1) issuing a Cease and Desist Order pursuant to §1301.5045 of the PLL;

  (2) imposing an administrative penalty pursuant to Subchapter N of the PLL;

  (3) suspending, revoking or refusing to renew the respondent's license, endorsement or registration pursuant to §1301.451 and §1301.452 of the PLL;

  (4) reprimanding the respondent pursuant to §1301.451 and §1301.452 of the PLL; or

  (5) pursuing any other disciplinary action allowed under the Plumbing License Law and Board Rules that justice may require.

(e) The staff may offer an informal conference to a respondent, in accordance with the requirements of the Administrative Procedure Act, if it will assist the staff with determining:

  (1) whether a violation occurred;

  (2) the seriousness or the effect of a violation;

  (3) the most appropriate disciplinary action;

  (4) whether to offer a settlement agreement; or

  (5) the amount of restitution to be paid by a respondent pursuant to §1301.5071 of the Plumbing License Law, instead of, or in addition to other disciplinary actions.

Source Note: The provisions of this §367.16 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684

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