(a) - (b) (No change.) (c)Investigation of complaints. (1) - (6)(No change.) (7)Upon the completion of an investigation, the director of enforcement shall present to the executive director a report of investigation (ROI) and a conclusion as to the probability that a violation(s) exists. If the executive director determines from the ROI that the probability of a violation involving medical judgment or practice exists, the director of enforcement shall forward a copy of the complaint file to the board secretary, who will determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the probable violation does not involve medical judgment or practice, the executive director shall not forward the complaint file to the board secretary, and the executive director shall determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the board secretary or executive director determines that a violation has not occurred, the executive director or director of enforcement shall notify the complainant and licensee in writing of the conclusion and that the complaint is dismissed. (8)If the board secretary or executive director concludes that a probable violation(s) does exist, the executive director shall invite the licensee in writing to an informal conference to discuss the complaint made against the licensee. The letter invitation shall be mailed by certified mail, return receipt requested, and must include a list of the specific allegations of the complaint. (d)Informal conferences (1)(No change.) (2)The board may be represented at the informal conference by a committee of the executive director, the board secretary (if the complaint involves medical judgement or practice), the [board's ] director of enforcement, the investigator assigned to the complaint, the board's legal counsel and a public member of the board. The complainant and the licensee and the licensee's legal counsel may attend the conference. Any other attendees are allowed at the discretion of the executive director. The executive director or the director of enforcement shall conduct the conference. The board secretary, with the advice of the other members of the committee, determines the recommended disposition of a [the] complaint involving medical judgment or practice. (3)(No change.) (4)At the conclusion of the informal conference, the board secretary or executive director, as appropriate, shall determine if a violation has occurred. If the board secretary or executive director determines that a violation has not occurred, the board secretary or executive director will dismiss the complaint, and will advise all parties of the decision and the reasons why the complaint was dismissed. (5)If the board secretary or executive director determines that a violation has occurred and that disciplinary action is warranted, the board secretary or executive director will advise the licensee of the alleged violations and offer the licensee a settlement in the form of an agreed order that specifies the disciplinary action and monetary penalty. The board secretary or executive director must inform the licensee that the licensee has a right to a hearing before an administrative law judge on the finding of the occurrence of the violation, the type of disciplinary action, and/or the amount of the recommended penalty. (6)Within 20 days after the date the licensee receives the settlement offer, the licensee must submit a written response to the board (A)accepting the [board secretary's] settlement offer and recommended disciplinary action, or (B)(No change.) (7)(No change.) (e) - (h)(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office
of
the Secretary of State on June 22, 2004
TRD-200404164 Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: October 14, 2004
For further information, please call: (512) 305-7555
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