(a) - (d)(No change.) (e)Contested case [Administrative law] hearing (1)If a [the] licensee declines the board's settlement offer, or if the licensee fails to respond timely to the offer, or if the board rejects a proposed agreed order, the investigator of the complaint shall prepare a complaint affidavit containing the [complaint ] allegations against the licensee. The signed and notarized complaint affidavit will then be reviewed by the board's legal counsel and signed by the executive director. The date the executive director signs the complaint affidavit is the official date of filing the complaint affidavit with the board. The complaint affidavit shall serve as the board's pleading in a contested case. At least ten (10) days prior to a scheduled hearing, the [The] complaint affidavit and notice of hearing shall be [is then] served on the licensee as set out in paragraph (3)(A) of this subsection [by certified mail or personal service at least ten (10) days prior to a scheduled hearing]. (2)The executive director shall submit to the State Office of Administrative Hearings (SOAH) a completed Request to Docket Case requesting SOAH to set a hearing and/or assign an administrative law judge to the contested case [complaint]. The board shall provide notice of the time, date, and place of the hearing to the licensee. Following issuance of a proposal for decision by the administrative law judge, the board by order may find that a violation has occurred and impose disciplinary action, or find that no violation has occurred. The board shall promptly advise the complainant of the board's action. (3)Notice of SOAH hearing; continuance and default (A)The board shall send notice of a contested case hearing before SOAH to the licensee's last known address as evidenced by the records of the board. Notice shall be sent by first class mail, certified or registered mail, or by personal service. (B)If the licensee fails to timely enter an appearance or answer to the notice of hearing of the contested case, the board may request a continuance at the time of the hearing. If the licensee fails to appear at the time of hearing of the contested case, the board may move either for dismissal of the case from the SOAH docket, or request issuance of a default proposal for decision or order by the administrative law judge. (f) - (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 January 6, 2005
TRD-200500069 Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: February 20, 2005
For further information, please call: (512) 305-7555
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