Pursuant to §§164.003 -.004 of the Act and §§2001.054-.056 of the APA, the following rules shall apply to informal resolution:
- (1) Any matter within the board's jurisdiction may be resolved informally by agreed order, dismissal, or default.
- (2) Prior to the imposition of any disciplinary action against a licensee, the licensee shall be given the opportunity to show compliance with all the requirements of the law for the retention of an unrestricted license before one or more board representatives.
- (3) If a determination is made by the board representatives that there has been no violation, the board representatives may recommend that the complaint or allegations be dismissed.
- (4) If a determination is made by the board representatives that a licensee has violated the Act, board rules, or board order, the board representatives may make recommendations for resolution of the issues to be reduced to writing and processed in accordance with §187.19 of this title (relating to Resolution by Agreed Order).
- (5) An opportunity for the licensee to show compliance shall not be required prior to a temporary suspension under §164.059 of the Act, or in accordance with the terms of an agreement between the board and a licensee.
- (6) Any modification made by the board to any agreed order must be approved by the licensee.
Source Note:The provisions of this §187.14 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113.