reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.15 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Counting Days.
				  Unless otherwise required by statute, in computing time periods prescribed by
				  this chapter or by a State Office of Administrative Hearings (SOAH) order, the
				  period shall begin to run on the day after the act, event, or default in
				  question. The day of the act, event, or default on which the designated period
				  of time begins to run is not included in the computation. The period shall
				  conclude on the last day of the designated period, unless that day is a day the
				  agency is not open for business, in which case the designated period runs until
				  the end of the next day on which the agency is open for business. When this
				  chapter specifies a deadline or a set number of days for filing documents or
				  taking other actions, the computation of time shall be calendar days rather
				  than business days, unless otherwise provided in this chapter or pursuant to an
				  order by an administrative law judge or Board Order. However, if the period to
				  act is five days or less, the intervening Saturdays, Sundays, and legal
				  holidays are not counted.
(b)
				  Extension. Unless otherwise provided by statute, the time for filing any
				  document may be extended by agreement of the parties, order of the Executive
				  Director or order of the administrative law judge (if SOAH has acquired
				  jurisdiction), upon written request filed prior to the expiration of the
				  applicable time period. The written request must show good cause for an
				  extension of time and state that the need is not cause by the neglect,
				  indifference, or lack of diligence of the movant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.16 - Agreement To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, their
					 attorneys or representatives, with regard to any matter involved in any
					 proceeding before the agency shall be enforced unless it shall have been
					 reduced to writing and signed by the parties or their authorized
					 representatives, or incorporated in an order bearing their written approval.
					 This section does not limit a party's ability to waive, modify or stipulate any
					 right or privilege afforded by these rules, unless precluded by
					 law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.17 - Service in Non-Rulemaking Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notification of Decisions and Orders. When the agency is required to provide
				  service of notice to any party of a decision or order, the agency shall notify
				  the party either personally or by first class mail. Notice must be in writing
				  and addressed to the licensee at the licensee's address of record on file with
				  the Board at the time of the mailing or the licensee's attorney of
				  record.
(b) Notification of Notice
				  of Hearing. Notification of a Notice of Hearing shall be made to a licensee by
				  hand delivery, regular, registered or certified mail, courier service, or
				  otherwise in accordance with the APA and the Rules of SOAH. Notice must be in
				  writing and addressed to the licensee at the licensee's address of record on
				  file with the Board at the time of the mailing or addressed to the party's
				  attorney of record. Notice of Hearing in a contested case must comply with
				  Texas Government Code §
										2001.052.
				  Service is complete when made pursuant to 1 TAC §
										155.103(SOAH).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.18 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
Parties, representatives and other participants shall
					 conduct themselves with dignity and shall show courtesy and respect for one
					 another and the agency, including members of the board and staff. Attorneys
					 shall adhere to the standards of conduct in the Texas Lawyer's Creed
					 promulgated by the Texas Supreme Court.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.19 - Denial of a License

Current through Reg. 49, No. 28; July 12, 2024
If an applicant's original application for license or
					 registration or a licensee's/registrant's request for renewal of a license or
					 registration is denied, he/she shall have 20 days from the date of denial to
					 make a written request for a hearing. If so requested, the hearing will be
					 granted and the provisions of the Administrative Procedure Act and this chapter
					 with regard to a contested case shall apply. If the hearing is not requested
					 within the 20 days, the denial is final.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.20 - Persons Interested in Proceedings

Current through Reg. 49, No. 28; July 12, 2024
Any person may appear in any proceeding before the agency.
					 Appearances may be disallowed upon a showing that the person has no justiciable
					 or administratively cognizable interest in the proceeding. The board shall have
					 the right in any proceeding to limit the number of witnesses whose testimony is
					 merely cumulative.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.21 - Appearances Personally or by Representative

Current through Reg. 49, No. 28; July 12, 2024
A respondent may appear and be represented by the
					 respondent's attorney of record who is authorized to practice law in the State
					 of Texas. This right may be expressly waived. Any respondent may appear on his
					 own behalf. A dental laboratory as defined by Chapter 266 of the Texas
					 Occupations Code shall be represented by the owner of record or by the attorney
					 of record of the owner of record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.22 - Pleading

Current through Reg. 49, No. 28; July 12, 2024
(a) In disciplinary matters, the Board's
				  pleading shall be styled "Formal Complaint." Except in cases of temporary
				  suspension, a Formal Complaint shall be filed only after notice of the facts or
				  conduct alleged to warrant the intended action has been sent to the licensee's
				  address of record and the licensee has an opportunity to show compliance with
				  the law for retention of the license as provided in the Administrative
				  Procedure Act (APA), Texas Government Code §
										2001.054(c).
(b) In non-disciplinary matters, the Board's
				  pleading shall be styled "Petition of the State Board of Dental
				  Examiners."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.23 - Commencement of Formal Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Board has probable cause to
				  believe that a violation of statute or Board rule occurred, Board staff may
				  commence formal disciplinary proceedings by filing a public Formal Complaint
				  against the Respondent.
(b) The
				  Formal Complaint shall contain the following information:
(1) the name of the Respondent and his or her
				  license, registration, or certificate number;
(2) a statement alleging with reasonable
				  certainty the specific act or acts relied on by the Board to constitute a
				  violation of a specific statute, Board rule, or Board Order; and
(3) a reference to the section of the Texas
				  Occupations Code and the Board's rules which the Respondent is alleged to have
				  violated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.24 - Respondent's Answer in a Disciplinary Matter

Current through Reg. 49, No. 28; July 12, 2024
(a) The Respondent in a disciplinary matter
				  shall file an Answer to the Formal Complaint and to any Amendment to the Formal
				  Complaint.
(b) The Answer shall
				  admit or deny each of the allegations in the Formal Complaint or
				  Amendment.
(c) If the Respondent
				  fails to file an Answer to the Formal Complaint within twenty days of the date
				  of service, the matter shall be considered a default case.
(d) In a case of default, the Respondent will
				  be deemed to have
(1) admitted all the
				  factual allegations in the Formal Complaint;
(2) waived the opportunity to show compliance
				  with the law;
(3) waived the
				  opportunity for a hearing on the Formal Complaint; and
(4) waived objection to the recommended
				  sanction in the Formal Complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.26 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a party who does not have the burden of proof fails to appear at a contested
				  case hearing at the State Office of Administrative Hearings (SOAH), the
				  administrative law judge shall announce the default, recess the hearing, and
				  issue a proposal for decision. Pursuant to 1 TAC §
										155.501(f),
				  the defaulting party may file a motion with SOAH to set aside the default and
				  reopen the record, prior to the judge's issuance of the proposal for decision
				  or dispositive order.
(b) If the
				  administrative law judge does not issue a default proposal for decision and
				  instead, issues an order dismissing the case from the SOAH docket and returning
				  the case to the agency for informal disposition on a default basis in
				  accordance with §
										2001.056
				  of the Texas Government Code, the board may issue a final order deeming that
				  Respondent has:
(1) admitted all the
				  allegations in the notice of hearing and formal complaint;
(2) waived the opportunity to show compliance
				  with the law;
(3) waived the
				  opportunity for a hearing on the allegations in the notice of hearing and
				  formal complaint; and
(4) waived
				  objection to the recommended sanction in the notice of hearing and formal
				  complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.29 - Licenses

Current through Reg. 49, No. 28; July 12, 2024
If a license holder makes timely and sufficient application
					 for the renewal of a license or for a new license for any activity of a
					 continuing nature, the existing license does not expire until the application
					 has been finally determined by the agency. If the application is denied or the
					 terms of the new license are limited, the existing license does not expire
					 until the last day for seeking review of the agency order or a later date when
					 fixed by order of the reviewing court.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.31 - Personal Service

Current through Reg. 49, No. 28; July 12, 2024
The board may command the sheriff or any constable in the
					 State of Texas or any agent or investigator of the board to serve a subpoena to
					 compel the attendance of witnesses for examination under oath and the
					 production for inspection and copying of books, accounts, records, papers,
					 correspondence, documents and other evidence relevant to the investigation of
					 alleged violations of statutes relating to the practice of dentistry. If a
					 person fails to comply with an investigative subpoena the board, acting through
					 the attorney general, may file suit to enforce the subpoena in a district court
					 in Travis County.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.40 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
A witness or deponent in a contested case who is not a
					 party and who is subpoenaed or otherwise compelled to attend a hearing or
					 proceeding to testify or give a deposition or to produce books, records,
					 papers, or other objects that may be necessary and proper for the purpose of a
					 proceeding at the State Office of Administrative Hearing (SOAH) is entitled to
					 receive (in accordance with the Administrative Procedure Act, Texas Government
					 Code §
										2001.103,
					 and other applicable state law):
(1)
				  mileage reimbursement at the rate equal to the maximum fixed mileage allowance
				  specified in the revenue rulings issued by the Internal Revenue Service under
				  the federal income tax regulations as announced by the Texas Comptroller for
				  going to and returning from the place of the hearing or deposition if the place
				  is more than 25 miles from the person's place of residence and the person uses
				  the person's personally owned or leased motor vehicle for the travel;
(2) reimbursement of the transportation
				  expenses of the witness or deponent for going to and returning from the place
				  where the hearing is held or the deposition is taken, if the place is more than
				  25 miles from the person's place of residence and the person does not use the
				  person's personally owned or leased motor vehicle for the travel;
(3) reimbursement of the meal and lodging
				  expenses (at the state rate) of the witness or deponent while going to and
				  returning from the place where the hearing is held or deposition taken, if the
				  place is more than 25 miles from the person's place of residence;
(4) $25 for each day or part of a day that
				  the person is necessarily present.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.47 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) The deposition of any witness may be
				  taken upon a commission issued by the executive director upon the written
				  request of any party, a copy of which shall be served on the non-requesting
				  party.
(b) The written request
				  shall contain the name, address, and title, if any, of the witness; a
				  description of the books, records, writings, or other tangible items the
				  requesting party wishes the witness to produce at the deposition; the date and
				  location where the requesting party wishes the deposition to be taken; and a
				  statement of the reasons why the deposition should be taken and the items
				  produced.
(c) Depositions may be
				  taken by telephone and by non-stenographic recording. The recording or
				  transcript may be used by any party to the same extent as a stenographic
				  deposition, provided all other parties are supplied with a copy of the
				  recording and the transcript to be used. The witness in a telephonic or
				  non-stenographic deposition may be sworn by any notary. The transcript of such
				  deposition shall be submitted to the witness for signature in accordance with
				  Texas Government Code Annotated § 2001.099.
(d) Not withstanding any other provisions of
				  these sections, the executive director may issue a commission to take a
				  deposition prior to the filing of a formal complaint if, in the opinion of the
				  executive director, such a commission is necessary for either party to preserve
				  evidence and testimony or to investigate any potential violation or lack of
				  compliance with the Act, the rules and regulations, or orders of the Board. The
				  commission may be to compel the attendance of any person to appear for the
				  purposes of giving sworn testimony and to compel the production of books,
				  records, papers or other objects.
(e) A deposition in a contested case shall be
				  taken in the county where the witness:
(1)
				  resides;
(2) is employed;
				  or
(3) regularly transacts business
				  in person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.48 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigative Subpoenas. Pursuant the
				  Dental Practice Act, the Board has the authority to issue subpoenas to compel
				  the attendance of witnesses and to issue subpoenas duces tecum to compel the
				  production of books, records, or documents. The pendency of a SOAH proceeding
				  does not preclude the Board from issuing an investigative subpoena at any
				  time.
(b) SOAH Subpoenas.
				  Subsequent to the filing of a formal Complaint, any party may request in
				  writing that the Executive Director issue a subpoena or subpoena duces tecum in
				  accordance with § 2001.089 of the APA upon a showing of good cause.
(1) The party requesting the subpoena shall
				  be responsible for the payment of any expense incurred in serving the subpoena,
				  as well as reasonable and necessary expenses incurred by the witness who
				  appears in response to the subpoena.
(2) If the subpoena is for the attendance of
				  a witness, the written request shall contain the name, address, and title, if
				  any, of the witness and the date and location at which the attendance of the
				  witness is sought.
(3) If the
				  subpoena is for the production of books, records, writings, or other tangible
				  items, the written request shall contain a description of the item sought; the
				  name, address, and title, if any, of the person or entity who has custody or
				  control over the items and the date; and the location at which the items are
				  sought to be produced.
(4) The
				  party requesting a subpoena duces tecum shall describe and recite with clarity,
				  specificity, and particularity the books, records, documents to be
				  produced.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.49 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
A proposal for decision (PFD) issued by an Administrative
					 Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH) may not
					 be considered by the board until the time period set out in SOAH rules for the
					 filing of exceptions and replies has expired. If exceptions were filed in
					 accordance with SOAH rules, the board may not consider the PFD until the ALJ
					 has ruled on the exceptions. The PFD must contain a statement of the of the
					 reasons for the proposed decision and of each finding of fact and conclusion of
					 law necessary to the proposed decision prepared by the person who conducted the
					 hearing or by one who has read the record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.50 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
All exceptions to proposals for decision and replies to
					 exceptions shall be filed in accordance with State Office of Administrative
					 Hearings rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.51 - Findings of Fact and Conclusions of Law

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may change a finding of fact or
				  conclusion of law in a proposal for decision made by the administrative law
				  judge if the board determines:
(1) that the
				  administrative law judge did not properly apply or interpret applicable law,
				  agency rules, written policies, or prior administrative decisions;
(2) that a prior administrative decision on
				  which the administrative law judge relied is incorrect or should be changed;
				  or
(3) that a technical error in a
				  finding of fact should be changed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.52 - Oral and Written Arguments

Current through Reg. 49, No. 28; July 12, 2024
All parties shall be given notice of the scheduling of a
					 proposal for decision (PFD) for consideration by the board. The notice shall
					 include a statement that the parties may attend the meeting of the board and
					 provide up to a 10 minute oral argument or submit up to a 10 page written
					 argument concerning the PFD before the board. Board staff shall send notice by
					 electronic mail or regular mail to the attorneys of record, or if a party is
					 not represented by an attorney, by regular mail to the party's address of
					 record with the board. Notice shall be sent by board staff no later than seven
					 days prior to the meeting of the board at which the PFD is scheduled to be
					 considered by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.53 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) All final
				  decisions and orders of the agency shall be in writing and shall be signed by
				  the president or other presiding member and secretary of the board.
(b) All parties shall be notified either
				  personally or by first class mail of any decision or order.
(c) On issuance of a decision or order or an
				  order ruling on a motion for rehearing, the agency shall send a copy of the
				  decision or order by first class mail to the attorneys of record or, if a party
				  is not represented by an attorney, to the party, and shall keep an appropriate
				  record of the mailing. A party or attorney of record notified by mail is
				  presumed to have been notified on the third day after the date on which the
				  notice is mailed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.54 - Administrative Finality

Current through Reg. 49, No. 28; July 12, 2024
(a) A decision in a
				  contested case is final:
(1) if a motion for
				  rehearing is not filed on time, on the expiration of the period for filing a
				  motion for rehearing;
(2) if a
				  motion for rehearing is filed on time, on the date:
(A) the order overruling the motion for
				  rehearing is rendered; or
(B) the
				  motion is overruled by operation of law.
(3) if the agency finds that an imminent
				  peril to the public health, safety, or welfare requires immediate effect of a
				  decision or order, on the date the decision is rendered, or;
(4) on the date specified in the order for a
				  case in which all parties agree to the specified date in writing or on the
				  record, if the specified date is not before the date the order is signed or
				  later than the 20th day after the date the order was rendered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.55 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A timely motion
				  for rehearing is a prerequisite to an appeal in a contested case, except that a
				  motion for rehearing of a decision or order that is final under §
										107.54(a)(3) or
				  (4) of this title (relating to Administrative
				  Finality), is not a prerequisite to an appeal.
(b) A decision that is final under §
				  107.54(a)(2), (3), or (4) of this title (relating to Administrative Finality)
				  is appealable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.56 - Motions for Rehearing: Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  motion for rehearing in a contested case must be filed with the Board not later
				  than the 20th day after the date on which the party or the party's attorney of
				  record is notified as required by §
										107.53
				  of this title (relating to Final Decisions and Orders), of a decision or order
				  that may become final.
(b) A reply
				  to a motion for rehearing must be filed with the agency not later than the 30th
				  day after the date on which the party or the party's attorney of record is
				  notified as required by §
										107.53
				  of this title (relating to Final Decisions and Orders) of the decision or order
				  that may become final.
(c) The
				  agency shall act on a motion for rehearing not later than the 45th day after
				  the date on which the party or the party's attorney of record is notified as
				  required by §
										107.53
				  of this title (relating to Final Decisions and Orders) of the decision or order
				  that may become final or the motion for rehearing is overruled by operation of
				  law. If the board includes a member who receives no salary except for per diem
				  for his work as a board member and who resides outside Travis county, the board
				  may rule on a motion for rehearing at a meeting or by mail, telephone,
				  telegraph, or other suitable means of communication.
(d) The agency may by written order extend
				  the time for filing a motion or reply or taking action, except that an
				  extension may not extend the period for agency action beyond the 90th day after
				  the date on which the party or the party's attorney of record is notified as
				  required by §
										107.53
				  of this title (relating to Final Decisions and Orders) of the decision or order
				  that may become final.
(e) In the
				  event of an extension, a motion for rehearing is overruled by operation of law
				  on the date fixed by the order or, in the absence of a fixed date, 90 days
				  after the date on which the party or the party's attorney of record is notified
				  as required by §
										107.53
				  of this title (relating to Final Decisions and Orders) of the decision or order
				  that may become final.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.57 - The Record

Current through Reg. 49, No. 28; July 12, 2024
The Record in a contested case includes:
(1) all pleadings, motions, and intermediate
				  rulings;
(2) evidence received or
				  considered;
(3) a statement of
				  matters officially noticed;
(4)
				  questions and offers of proof, objections, and rulings on them;
(5) proposed findings and
				  exceptions;
(6) any decision,
				  opinion, or report by the administrative law judge; and
(7) all staff memoranda or data submitted to
				  or considered by the administrative law judge or members of the agency who are
				  involved in making the decision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.58 - Cost of Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency may
				  assess the cost of any transcript to the requesting party. This does not
				  preclude the parties from agreeing to share the costs associated with the
				  preparation of a transcript.
(b) A
				  party who appeals a final decision in a contested case will be required to pay
				  all or a part of the cost of preparation of the original or a certified copy of
				  the record of the proceeding that is required to be sent to the reviewing
				  court.
(c) A charge imposed under
				  this section is a court cost and may be assessed by the court in accordance
				  with the Texas Rules of Civil Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.59 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless required
				  for the disposition of ex parte matters authorized by law, Board members or
				  Board employees assigned to render a decision or to make findings of fact and
				  conclusions of law in a contested case may not communicate, directly or
				  indirectly, in connection with any issue of fact or law with any party or his
				  representative, except on notice and opportunity for all parties to
				  participate.
(b) A Board member or
				  Board employee may communicate ex parte with another Board member or Board
				  employee unless prohibited by other law.
(c) Under the APA, Texas Government Code
				  §
										2001.090,
				  a Board member or Board employee assigned to render a decision or make findings
				  of fact and conclusions of law in a contested case may communicate ex parte
				  with a Board employee who has not participated in a hearing in the case for the
				  purpose of using the special skills or knowledge of the agency and its staff in
				  evaluating the evidence.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.60 - Adopting, Repealing, or Amending Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All rules shall be adopted, repealed, or amended in accordance with the
				  Administrative Procedure Act. Prior to adopting, repealing, or amending any
				  rule, the agency shall give at least 30 days notice of its intended action.
				  Notice of the proposed rule shall be filed with the secretary of state for
				  publication in the Texas Register and a copy of the notice delivered to the
				  lieutenant governor and speaker of the House of Representatives. No Rule or
				  regulation proposed for adoption may be adopted until such proposed rule or
				  regulation has been published in the Texas Register as provided by law. The
				  notice shall include the following:
(1) A
				  brief explanation of the rule;
(2)
				  The text of the proposed rule, except any portion omitted as provided in the
				  Government Code, Chapter 2002, § 2002.014.
(3) A statement of the statutory or other
				  authority under which the rule is proposed to be adopted.
(4) A fiscal note showing the name and title
				  of the officer preparing it.
(5) A
				  note about public benefits and costs showing the name and title of the officer
				  responsible for preparing it.
(6) A
				  local employment impact statement prepared under the Government Code, Chapter
				  2001, § 2001.022, if required.
(7) A request for comments on the proposed
				  rule from any interested person.
(8) Any other statement required by
				  law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.62 - Petition for Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) (Here
				  give name and complete mailing address of applicant on whose behalf the
				  application if filed, hereinafter called applicant.)
(b) Caption. Applicant hereby seeks (Here
				  make specific reference to the rule or rules which it is proposed to establish,
				  change or amend, so that it or they may be readily identified, prepared in a
				  manner to indicate the words to be added or deleted from the current text, if
				  any.)
(c) Proposed change. (Here
				  make reference to an exhibit to be attached to and incorporated by reference to
				  the petition, the said exhibit to show the amendment providing for the proposed
				  new provision, rule, regulation, rate practice or other change, including the
				  proposed effective date, application and all other necessary information, in
				  the exact form in which it is to be published, adopted or
				  promulgated.)
(d) Justification.
				  (Here submit the justification for the proposed action in narrative form with
				  sufficient information to inform the agency and any interested party fully of
				  the facts upon which applicant relies.)
(e) Resume or concise abstract. (Here file
				  with the petition a concise but complete resume or abstract of the information
				  required in subsections (a), (b), (c), and (d) of this section.)
(f) Signature. Respectfully submitted,
				  (Applicant) (Attorney or representative) (Complete address)
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.63 - Informal Disposition and Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Policy. It is the Board's policy to encourage, where appropriate, the
				  resolution and early settlement of contested disciplinary matters and internal
				  disputes through informal disposition and mediation.
(b) Informal Disposition. Under Texas
				  Occupations Code §
										263.0065, the Board
				  may delegate the authority to dismiss or enter into agreed settlement for the
				  resolution of certain complaints prior to an informal settlement conference.
				  Texas Occupations Code §
										263.007 and §
										263.0073 authorize
				  the Board to resolve complaints by review at an informal settlement
				  conference.
(c) Scheduling of
				  Informal Settlement Conference.
(1) Not later
				  than the 180th day after the date the Board's official investigation of a
				  complaint is commenced, the Board shall schedule an informal settlement
				  conference unless good cause is shown by the Board for not scheduling the
				  conference by that date. The following justifications represent good cause for
				  Board staff to postpone scheduling an informal settlement conference:
(A) an expert reviewer's delinquency in
				  reviewing and submitting a report to the Board under Texas Occupations Code
				  §
												255.0067;
(B) a temporary suspension of the license
				  holder's license under Texas Occupations Code § 263.004;
(C) the filing of a contested case against
				  the licensee with the State Office of Administrative Hearings to resolve the
				  complaint;
(D) a pending contested
				  case against the licensee with the State Office of Administrative Hearings
				  where Board staff's requested sanction is license suspension or
				  revocation;
(E) proposed resolution
				  of the complaint through delegation pursuant to Texas Occupations Code §
												263.0065;
(F) a delay for a final judgment resulting
				  from federal or state criminal charges filed against the licensee for conduct
				  relevant to the complaint, if conviction for such charges would represent
				  grounds for license suspension or revocation under the Texas Occupations Code
				  or Board rules;
(G) a request for
				  delay from federal, state, or local law enforcement to allow investigation of
				  potential criminal charges against the licensee for conduct relevant to the
				  complaint, if conviction for such charges would represent grounds for license
				  suspension or revocation under the Texas Occupations Code or Board
				  rules;
(H) delay of the
				  investigation due to Board staff's inability to locate the licensee or
				  complainant, or licensee's inability or refusal to provide relevant records for
				  the Board's investigation; or
(I)
				  the existence of pending complaints from prior fiscal years which require
				  resolution at an informal settlement conference.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.64 - Required Reporting

Current through Reg. 49, No. 28; July 12, 2024
The Texas State Board of Dental Examiners may require a
					 dentist, dental hygienist, dental laboratory, or other licensee to submit
					 reports to insure compliance with a board order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.65 - Time Limits

Current through Reg. 49, No. 28; July 12, 2024
Unless a specific time limit is imposed by board order, a
					 licensee shall complete the community service, continuing education, and other
					 requirements imposed by a board order in regular increments over the period of
					 probation imposed, and shall report compliance in accordance with §
										107.64 of this
					 title (relating to Required Reporting).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.66 - Application for Modification of Board Order

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A licensee or registrant in current status seeking modification of a prior
				  Board Order may submit a written application for modification of the Board
				  Order. The application shall be submitted to the General Counsel of the Board
				  and shall include at least the following:
(1)
				  specific sanction of which modification is requested;
(2) evidence of compliance with past and
				  current Board Orders;
(3) summary
				  of reasons for request;
(4) benefit
				  to the public if granted; and
(5)
				  exhibits or testimonials, including but not limited to any continuing education
				  or other rehabilitative activities.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.67 - Review of Application for Modification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications for modification may be reviewed at an informal settlement
				  conference empaneled by staff or Board members. The panel shall make a
				  recommendation to the Board concerning the application.
(b) The Board, in its discretion, may accept
				  or reject the panel's recommendation to grant or deny the application or modify
				  the original findings to reflect changed circumstances.
(c) If the application for modification is
				  denied by the Board, a subsequent application may not be considered by the
				  Board until twelve (12) months from the date of denial of the previous
				  application.
(d) A person applying
				  for modification of a Board Order has the burden of proof.
(e) The Board may give notice to any patient
				  or other party involved in any allegation for which application for
				  modification is received by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.68 - Appearances

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter shall be construed to prevent
					 any licensee of the Board or any other person from appearing before the Board
					 for consideration of any matter. Thirty (30) days prior to an appearance, the
					 person shall submit a request to appear stating the substance of the matter to
					 be discussed. The Board may limit the time within which any party may address
					 the Board and may limit the appearance to consideration of written
					 materials.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.69 - Temporary Suspension in Emergency

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with §263.004(a) of the Act, a license, permit, or registration
				  shall be temporarily suspended when the board or an executive committee of the
				  board determines that the continued performance of the licensee, permit holder,
				  or registrant (respondent) would constitute a clear, imminent, or continuing
				  threat to a person's physical health or well-being.
(b) An executive committee of the board shall
				  convene as follows:
(1) For each temporary
				  suspension proceeding, the presiding officer of the board shall appoint a
				  three-member executive committee, called "suspension panel," at least two of
				  whom must be dentists, to consider the information and evidence presented by
				  board staff. The presiding officer of the board shall name a chair of the
				  suspension panel.
(2) In the event
				  of the recusal of a suspension panel member or the inability of a suspension
				  panel member to attend a temporary suspension proceeding, an alternate board
				  member may serve on the suspension panel upon appointment by the presiding
				  officer.
(3) Pursuant to §
											551.125
				  of the Texas Government Code, the suspension panel may convene via telephone
				  conference call.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--Title
				  3, Subtitle D, Chapter 251 - 267, Texas Occupations Code.
(2) Complaint--The term complaint includes
				  complaints submitted on the agency's official complaint form, complaints
				  initiated internally on the agency's internal complaint form, and self-reports
				  submitted by licensees pursuant to §
										108.6
				  of this title (relating to Report of Patient Death or Injury Requiring
				  Hospitalization).
(3)
				  Jurisdictional Complaint--A complaint received by the board that if true, would
				  constitute a violation of the Act or board rules.
(4) Jurisdictional Not Filed Complaint--A
				  jurisdictional complaint received by the board on which the board decides not
				  to proceed with an official investigation. These complaints are closed during
				  the preliminary investigation.
(5)
				  Jurisdictional Filed Complaint--A jurisdictional complaint on which the board
				  has determined to proceed with an official investigation.
(6) Preliminary Investigation--An
				  investigation conducted by the agency upon the receipt of a complaint to
				  determine whether the complaint is jurisdictional and whether the complaint
				  should be filed and an official investigation commenced.
(7) Official Investigation--An investigation
				  conducted by the agency of a complaint that, after a preliminary investigation,
				  is determined to be a jurisdictional filed complaint.
(8) Respondent--The person or entity that is
				  identified as the subject of a complaint received by the agency.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.101 - Responsibilities of Investigations Division and Dental Practice Division

Current through Reg. 49, No. 28; July 12, 2024
(a) The Investigations Division, under
				  supervision of the Director of Investigations, processes and investigates
				  complaints received by or initiated by the agency. All investigations shall
				  comply with §255 of the Act.
(b) The Dental Practice Division, under
				  supervision of the Dental Director, assists in the preliminary investigation of
				  complaints related to professional competency and coordinates the official
				  investigation of complaints related to professional competency, including the
				  use of the Dental Review Panel in the official investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.102 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints shall be submitted on the
				  official complaint form.
(b)
				  Complaints shall contain the following information:
(1) the name and contact information of the
				  complainant;
(2) the name of the
				  person or entity against whom the complaint is filed;
(3) the time and place of the alleged
				  violation of the Act or board rules; and
(4) if applicable, the name and birthdate of
				  the patient who was treated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.103 - Preliminary Investigation of a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each complaint received by the agency undergoes a preliminary investigation.
				  The preliminary investigation determines the following:
(1) whether the board has jurisdiction over
				  the complaint;
(2) whether the
				  continued practice by a licensee/registrant or the continued performance by a
				  licensee/registrant of a procedure for which the person holds a license or
				  registration would constitute a clear, imminent, or continuing threat to a
				  person's physical health or well-being; and
(3) whether there is probable cause to
				  justify commencement of an official investigation.