Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 47 - AUTHORIZED PERSONNEL › Subchapter A - GENERAL PROVISIONS › Section 47.7 - Procedure for Suspension or Revocation

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Upon completion of the investigation of an alleged violation, the commission
				  shall notify the authorized person by certified mail of the facts or conduct
				  alleged that may warrant commission action regarding the person's authorized
				  personnel status and invite the authorized person to an informal
				  conference.
(b) An authorized
				  person shall have 20 days from the date of receipt of the notice to respond to
				  the commission or waive his or her attendance at the informal conference. If an
				  authorized person fails to respond to the commission's notice an informal
				  conference will be scheduled. The authorized person must receive notice of the
				  conference at least seven days prior to the conference. The conference will be
				  held at the Texas Animal Health Commission office in Austin.
(c) At the conclusion of the informal
				  conference, the Executive Director shall determine whether a violation occurred
				  and take appropriate action. Such action may include no action, warning,
				  suspension, or revocation. The Executive Director shall notify the authorized
				  person by certified mail of his or her decision within 15 days after the
				  informal conference.
(d) If the
				  Executive Director determines that a violation has occurred and that
				  disciplinary action and/or a penalty is warranted, the Executive Director will
				  advise the licensee of the alleged violations and offer the person a settlement
				  in the form of an agreed order that specifies the disciplinary action and/or
				  penalty. A suspension may be in effect for a period of up to one year. An order
				  of suspension shall identify specific conditions or prohibitions relative to
				  the suspension. A revocation may be in effect for a period of up to two
				  years.
(e) An authorized person
				  shall have 20 days from the date of the receipt of the decision to submit a
				  written response accepting the settlement offer or requesting a hearing. The
				  administrative hearing for the appeal will be held in Austin, pursuant to
				  Chapter 32 of this title (relating to Hearing and Appeal Procedures).
(f) If the authorized person accepts the
				  settlement offer by signing the agreed order, the agreed order will be docketed
				  for commission action at the next regularly scheduled commission
				  meeting.
(g) The Executive Director
				  may, upon written notice and pending final determination by the commission,
				  summarily suspend a person's authorized personnel status when it is deemed
				  necessary to protect the safety, health, and interest of the public. The
				  Executive Director shall hold an informal conference within 14 days of the date
				  of the suspension to determine if formal action should be initiated against the
				  authorized person. The authorized person must receive notice of the conference
				  at least 72 hours prior to the conference.