The State Board of Dental Examiners (Board) proposes amendments to §107.11, relating to definitions; amendments to §107.15, relating to computation of time; amendments to §107.17, relating to service in non-rulemaking proceedings; amendments to §107.21, relating to appearances personally or by representative; new §107.22, relating to pleading; new §107.23, relating to commencement of formal disciplinary proceedings; new §107.24, relating to respondent's answer in a disciplinary matter; new §107.25, relating to formal proceedings; new §107.47, relating to depositions; amendments to §107.48, relating to subpoenas; amendments to §107.50, relating to filing of exceptions, briefs, and replies; amendments to §107.54, relating to administrative finality; amendments to §107.55, relating to motions for rehearing; and amendments to §107.63, relating to informal disposition and alternative dispute resolution. The new sections and amendments were suggested by staff and update the procedural sections of Chapter 107 that were inadequate in application.

Ms. Sherri Sanders Meek, Executive Director, has determined that for each year of the first five years the amended and new sections are in effect, the public benefit anticipated as a result of enforcing the proposal will be to update and clarify the agency's procedural rules. The proposal provides clarification and consistency in the agency's procedural process and provides licensees and registrants with a better understanding of necessary procedural requirements. In addition, the proposal implements wording that more accurately reflects current statutory provisions and integrates applicable Administrative Procedure Act statutes, State Office of Administrative Hearing rules, and Texas Rules of Civil Procedure.

Ms. Meek has also determined that for each year of the first five years the amended and new sections are in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the sections and no anticipated economic impact on individuals or small or micro-businesses required to comply with the rules as proposed.

Comments on the proposals may be submitted to Carey A. Olney, staff attorney, State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 (by mail), (512) 463-7452 (by fax), or carey.olney@tsbde.state.tx.us (by email). To be considered, comments must be in writing and received by the State Board of Dental Examiners no later than 30 days from the date that the sections are published in the Texas Register.

The amendments and new sections are proposed under Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposal affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.