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(a)During the official investigation of a filed complaint,
board staff will determine whether a violation of the Act or board
rules has occurred. If the complaint is related to professional competency,
members of the Dental Review Panel shall assist with the determination,
as described in Subchapter B of this Chapter.
(b)If the information and evidence gathered and the
Dental Review Panel Report, if applicable, indicate that a violation
of the Act has occurred, board staff shall initiate the appropriate
action, including dismissal with board recommendation, disciplinary
action, remedial plan, or cease and desist order, and obtain final
approval of the board at a public board meeting, if required.
(c)If the information and evidence gathered and the
Dental Review Panel Report, if applicable, is insufficient to support
that a violation of the Act or board rules has occurred, board staff
shall dismiss the complaint and advise the board of such dismissal
at a public board meeting.
(d)If a complaint is dismissed, a letter shall be
sent to the complainant informing him or her of the dismissal and
explaining the reason for the dismissal.
(e)If the complaint is dismissed, a letter shall be
sent to the respondent informing him or her of the dismissal. Board
staff may also inform the respondent of any recommendations that may
improve his or her practice.
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 March 7, 2016
TRD-201601141 Nycia
Deal
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: April 17, 2016
For further information, please call: (512) 475-0977
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