| (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.
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