The Board will conduct sufficient investigation of complaint matters within its jurisdiction and attempt to resolve cases through authorized informal dispositions. However, when agreements are not reached or approved, the Board must refer contested cases to the State Office of Administrative Hearings for formal hearings. The Board shall not attempt to influence the findings of facts or the judge's application of the law in any contested case other than by proper evidence and legal argument. The Board may, however, change a finding of fact or conclusion of law made by the judge, or vacate or modify an order issued by the judge, only for reasons of policy and must state in writing the reason and legal basis for the change. If a member of the Board finds that he/she should not act on any charge before the Board, he/she may disqualify himself/herself from acting in the proceedings.

Source Note:The provisions of this §1.232 adopted to be effective September 19, 1996, 21 TexReg 8667.