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Texas Register

TITLE 22	EXAMINING BOARDS
PART 5	STATE BOARD OF DENTAL EXAMINERS
CHAPTER 107	DENTAL BOARD PROCEDURES
SUBCHAPTER A	PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
RULE §107.63	Informal Disposition and Alternative Dispute Resolution
ISSUE	12/19/2014
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a) - (c)(No change.)

(d)Use of ADR In Contested Disciplinary Matters.

(1)The Board Secretary or the Executive Director may refer a contested disciplinary matter to an ADR process to seek resolution or correction of any alleged violations of the Dental Practice Act or of the Board rules. Such ADR processes may include:

(A)any procedure or combination of procedures described by Chapter 154, Texas Civil Practice and Remedies Code; or

(B)any procedure described in SOAH Rules of Procedure.

(2)Any agreement or recommendation resulting from the application of an ADR process to a contested disciplinary matter shall be documented in written form and signed by the licensee, and legal counsel for the Board and/or the Executive Director or Board Secretary. Such an agreement or recommendation may include any disciplinary actions authorized by §263.002 of the Dental Practice Act [~~or a remedial plan authorized by §263.0077 of the Dental Practice Act~~].

(3) If the ADR process results in no agreement or recommendation, the matter shall be referred to SOAH for a contested case hearing.

(e) - (f)(No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2014

TRD-201405885

Nycia Deal

General Counsel

State Board of Dental Examiners

Earliest possible date of adoption: January 18, 2015

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

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