1. (a) An agreed order may be negotiated with any person under the jurisdiction of the board, the terms of which shall be approved by the investigation committee or by the executive director.
2. (b) The agreed order will be sent to the respondent by certified mail. To accept the agreed order, the respondent must sign it in the presence of a notary and return it to the board within 10 days after receipt. Inaction by the respondent constitutes rejection. If the respondent rejects the proposed settlement, the matter shall be referred to the investigation committee or the executive director for appropriate action.
3. (c) The agreed order with the notarized signature of the respondent will be presented to the board. The proposed agreed order shall have no effect until such time as the board may, at a regularly scheduled meeting, take action approving the agreed order. When the board has ratified an agreed order the licensee will reimburse the board for all the investigation expenses. The investigation expenses will be included as a condition of the order. A copy of the agreed order will be sent to the licensee's employer, and facility administrator.
4. (d) The respondent shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.

5. (e) Consideration by the board.

   1. (1) Any board member who participated in the investigation of the complaint or formulation of the proposed agreed order may not participate in the board review of the agreed order.
   2. (2) The name and license number of the licensee or the name of the applicant will not be made available to the board until after the board has reviewed and made a decision on the agreed order.
   3. (3) Upon an affirmative majority vote, the board shall authorize the agreed order, and the chairperson of the board will sign it. The board-approved agreed order will be provided to the respondent.
   4. (4) If the board does not approve the agreed order, the matter will be referred to the investigation committee or the executive director for other appropriate action. The respondent and the complainant shall be so informed.

Source Note:The provisions of this §343.41 adopted to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 11, 1993, 18 TexReg 7554; amended to be effective May 8, 1996, 21 TexReg 3710.