1. (a) Recommendations by the Executive Director.

   1. (1) The executive director shall review applications for licensure. If an applicant is determined to be ineligible for a license by the executive director pursuant to §§155.001-155.152 of the Act, Chapter 163 of this title (relating to Licensure) or Chapter 171 of this title (relating to Postgraduate Training Permits), the applicant may request review of that determination by a committee of the board. The applicant must request the review not later than the 20th day after the date the applicant receives notice of the determination.

   2. (2) To promote the expeditious resolution of any licensure matter, the executive director with the approval of the board, may recommend that an applicant be eligible for a license only under certain terms and conditions and present a proposed agreed order to the applicant.

      1. (A) If the proposed agreed order is acceptable to the applicant, the applicant shall sign the order and the order shall be presented to the board for consideration and acceptance without conducting an informal board proceeding relating to licensure eligibility.
      2. (B) If the proposed agreed order is not acceptable to the applicant, the applicant may request review of the executive director's recommendation by a committee of the board. The applicant must request review not later than the 20th day after the date the applicant receives notice of the executive director's recommendation.

2. (b) Determination by a Committee of the Board. Upon review of an application for licensure, a committee of the board may determine that the applicant is ineligible for licensure or is eligible for licensure with or without restrictions.

   1. (1) Licensure with Restrictions.

      1. (A) If the committee determines that the applicant should be granted a license with restrictions based on the applicant's commission of a prohibited act or failure to demonstrate compliance with provisions under the Act or board rules, the committee, as the board's representatives, shall propose an agreed order. The terms and conditions of the proposed agreed order shall be submitted to the board for approval.
      2. (B) Upon an affirmative majority vote of members present, the board may approve the agreed order with or without modifications, and direct staff to present the order to the applicant. The order shall bear the signature of the president of the board. If the applicant agrees to the terms of the proposed agreed order, the effective date of the order shall be upon the signing of the order by the applicant and passage of the medical jurisprudence examination, if applicable.
      3. (C) If the board does not approve the proposed agreed order, the applicant shall be so informed and the matter shall referred to board staff for appropriate action that may include further investigation or negotiation, or an additional appearance by the applicant before a committee of the board. The board must specify their rationale for the rejection of the proposed agreed order that shall be referenced in the minutes of the board.
   2. (2) Ineligibility Determination. If a committee of the board determines that an applicant is ineligible for a license, the committee shall submit its determination along with the reasons for the determination to the full board for consideration.
3. (c) Notice. An applicant determined to be ineligible for licensure by the board shall be notified of the board's determination and given the option of appealing the board's decision to SOAH. An applicant has 20 days from the date the applicant receives notice of the board's determination to make the request. If an applicant requests a SOAH hearing, the matter shall be referred to board staff. If the applicant does not timely request a SOAH hearing, the board's decision shall become administratively final.

Source Note:The provisions of this §187.13 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective April 27, 2003, 28 TexReg 3326.