Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 107DENTAL BOARD PROCEDURES
SUBCHAPTER APROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
RULE §107.66Application for Modification of Board Order [Modification to Order]
ISSUE 12/07/2012
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A licensee or registrant in current status seeking modification of a prior [person requesting a modification of a] Board Order may [shall] submit a written application for modification of the Board Order [ request prior to a Board meeting]. The application [ These] shall be submitted to the General Counsel of the Board and shall include at least the following: [by the requesting party to the Board, along with three (3) copies of the request. The application shall include but not be limited to:]

   (1)specific sanction of which modification is requested;

   (2)evidence of compliance with past and current Board Orders;

   (3)summary of reasons for request;

   (4)benefit to the public if granted; and

   (5)exhibits or testimonials, including but not limited to any continuing education or other rehabilitative activities.

   [(1)Date of order, nature of violation;]

   [(2)Specific punishment on which modification is requested;]

   [(3)Sections on which the applicant does not request modification;]

   [(4)Summary of reasons for request;]

   [(5)Benefit to the public if granted;]

   [(6)Separately numbered and indexed exhibits or testimonials tending to support the request;]

   [(7)Notice to any patient or other party involved in the original action with an invitation to respond;]

   [(8)Acknowledgment that the applicant understands that he or she is not entitled to modification of the Board Order.]

(b)An application for modification shall not be accepted before the longer of:

  (1)twelve months from the effective date of the Board Order; or

  (2)the successful completion of two-thirds (2/3) of the total compliance period of the Board Order.

(c)An applicant for modification shall meet all requirements necessary for the Board to access the applicant's criminal history information, including submitting fingerprint information and paying all associated costs.

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 November 26, 2012

TRD-201206072

Glenn Parker

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: January 6, 2013

For further information, please call: (512) 475-0977



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