22 Tex. Admin. Code § 187.13 – Informal Board Proceedings Relating to Licensure Eligibility

(a) Request for Review. If an applicant is determined to be ineligible for a license by the executive director pursuant to §§155.001-155.152 of the Act and Chapter 163 of this title (relating to Licensure), the applicant may request review of that determination by the Licensure Committee. The applicant must request the review not later than the 20th day after the date the applicant receives notice of the determination.
(b) Determination by Licensure Committee.
1. (1) Upon review of an application for licensure, the Licensure Committee may determine that the applicant is ineligible for licensure or is eligible for licensure with or without restrictions.
2. (2) If the Licensure Committee determines that the applicant should be granted a license with restrictions based on the applicant's commission of a prohibited act under the Act or board rules, the Committee, as the board's representatives, shall propose an agreed order as set out in §187.19 of this title (relating to Resolution by Agreed Order). Following the acceptance and execution by the application of the settlement agreement, the agreement shall be submitted to the board for approval as provided under §187.20 of this title (relating to Board Action).
3. (3) If the Licensure Committee 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.
(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.