22 Tex. Admin. Code § 519.24 – Committee Recommendations

(a) At the conclusion of its investigation the Committee will make a recommendation to the board regarding the disposition of the investigation.
(b) If the Committee determines the board no longer has jurisdiction, there is insufficient evidence of a violation of the Act or the Rules or the Respondent comes into compliance with the Act or Rules, the Committee may recommend dismissal of the complaint. The Committee will inform the Respondent of its recommendation and may issue a letter of comment stating the Committee's concerns about Respondent's practice and make suggestions that may improve Respondent's practice. The Committee's recommendation of dismissal is not final until it is ratified by the board in an open meeting.
(c) If the Committee determines that there is a violation of the Act or Rules, the Committee may recommend appropriate disciplinary action. The Committee may recommend any disciplinary sanction provided in Section 901.501 of the Act, singularly or any combination. The Respondent will be informed of the Committee's action.
(d) In the appropriate case, the Committee will offer to enter into an agreed consent order with the Respondent. The agreed consent order shall contain the Committee's factual findings and conclusions, and the recommended terms and conditions for final resolution of the matter. The Respondent will have a specified number of days in writing to accept or reject the agreed consent order in accordance with §519.3 of this title (relating to Computation of Time). A rejection must be made in writing; however, failure to accept or reject the proposed agreed consent order within the specified number of days will be deemed a rejection. An agreed consent order is not final until it has been ratified by the board in an open meeting. If the agreed consent order is rejected the matter will be referred to SOAH for a contested case hearing.

Source Note:The provisions of this §519.24 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective October 15, 2008, 33 TexReg 8519.