1. (a) In addition to the respondent, the Enforcement Committee may invite the complainant or a third party with information relevant to the investigation to attend an informal conference.

2. (b) Not less than ten (10) days prior to the informal conference, the Director of Enforcement shall provide the respondent with a written notice informing the respondent:

   1. (1) of the date, time, and location of the informal conference;
   2. (2) that the respondent's participation is voluntary
   3. (3) that the respondent's participation it not a prerequisite to a formal hearing;
   4. (4) that the respondent may be represented by legal counsel;
   5. (5) the nature of the alleged violation; and
   6. (6) the names of any other individual invited to attend the conference.
3. (c) If the informal conference results in the Enforcement Committee and the respondent entering into an agreed settlement that includes restitution payments, action on the respondent's license or registration, the payment of an administrative penalty or any other disciplinary action permitted by law, or combination of disciplinary actions, the Committee shall prepare an Agreed Final Order to be presented to the Board for adoption.
4. (d) If the informal conference fails to result in an agreed settlement, the Enforcement Committee shall set a formal hearing on the matter as a contested case at SOAH if the respondent requests a hearing.

Source Note:The provisions of this §367.20 adopted to be effective August 29, 2018, 43 TexReg 5531.