22 Tex. Admin. Code § 343.41 - Agreed Orders
(a) A proposed
agreed order may be negotiated with any person under the jurisdiction of the
board , the terms of which shall be approved by the investigation
committee .
(b) The proposed agreed
order will be sent to the respondent by a method of service in accordance with
Government Code, §
2001.142. To accept
the agreed order, the respondent must sign it and return it to the board staff
within 10 days after receipt. Inaction by the respondent constitutes rejection.
If the respondent rejects the proposed settlement, the matter shall be referred
to the investigation committee , the executive director , or staff for
appropriate action.
(c) The
proposed agreed order with the signature of the respondent will be presented to
the board . The proposed agreed order shall have no effect until such time as
the board may, at a regularly scheduled meeting, take action approving the
agreed order. If approved by the board , the chair of the board is authorized to
sign the agreed order on behalf of the board . When the board has approved and
signed an agreed order, the board order will be sent to the licensee ,
(d) The respondent shall be notified of the
date, time, and place of the board meeting at which the proposed agreed order
will be considered. Attendance by the licensee or applicant is
voluntary.
(e) Consideration by the
board .
(1) The name and license number of the
licensee or the name of the applicant will not be made available to the board
until after the board has reviewed and made a decision on the agreed
order.
(2) Upon an affirmative
majority vote, the board shall approve the agreed order, and the chairperson of
the board will sign it on behalf of the board . The final board order will be
provided to the respondent .
(3) If
the board does not approve the agreed order, the matter may be referred to the
investigation committee , the executive director , or designee for other
appropriate action. The respondent and the complainant shall be so
informed.
Notes
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