Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - PREHEARING PROCEEDINGS › Section 401.41 - Preliminary Staff Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) General. After
				  receipt of notice of alleged violations of laws or rules administered or
				  enforced by the commission and its staff, the holder of the certificate,
				  applicant or regulated entity may request a conference with the commission's
				  staff for the purpose of showing compliance with all requirements of law, or to
				  discuss informal disposition of any complaint or contested case.
(b) Representation. The certificate holder,
				  applicant or regulated entity may be represented by counsel or by a
				  representative of his or her choice. The commission shall be represented by one
				  or more members of its staff and by commission legal counsel.
(c) Informal Proceedings. The conference
				  shall be informal, and will not follow procedures for contested cases. The
				  commission's representative(s) may prohibit or limit attendance by other
				  persons; may prohibit or limit access to the commission's investigative file by
				  the licensee, the licensee's representative, and the complainant, if present;
				  and may record part or all of the staff conference. At the discretion of the
				  commission's representative(s), the licensee, the licensee's representative,
				  and the commission staff may question witnesses; make relevant statements; and
				  present affidavits, reports, letters, statements of persons not in attendance,
				  and such other evidence as may be appropriate.
(d) Settlement Conference. At the discretion
				  of the commission's representative(s), the preliminary staff conference may be
				  concluded, and a settlement conference initiated to discuss staff
				  recommendations for informal resolution of the issues. Such recommendations may
				  include any disciplinary actions authorized by law, including administrative
				  penalties, restitution, remedial actions, or such reasonable restrictions that
				  may be in the public interest. These recommendations may be modified by the
				  commission's representative(s) based on new information, a change of
				  circumstances, or to expedite resolution in the interest of protecting the
				  public. The commission's representative(s) may also recommend that the
				  investigation be closed or referred for further investigation.
(e) Proposed Consent Order. The licensee may
				  accept or reject the settlement recommendations of the commission staff. If the
				  licensee accepts the recommendations, the licensee shall execute a settlement
				  agreement in the form of a proposed consent order as soon thereafter as
				  practicable. If the licensee rejects the proposed agreement, the matter may be
				  scheduled for a hearing as described in Subchapter F of this chapter.
(f) Approval of Consent Order. Following
				  acceptance and execution of the settlement agreement recommended by staff, said
				  proposed agreement shall be submitted to the Agency Chief for approval. If the
				  order is approved, it shall be signed by the Agency Chief. If the proposed
				  order is not approved, the licensee shall be so informed and the matter shall
				  be referred to the commission staff for appropriate action to include
				  dismissal, closure, further negotiation, further investigation, or a formal
				  hearing.
(g) Preliminary Notice. A
				  revocation, suspension, annulment, denial, or withdrawal of a certificate or
				  license is not effective unless, before the institution of contested case
				  proceedings, the holder of the certificate receives preliminary notice of the
				  facts or conduct alleged to warrant the intended action and an opportunity to
				  show compliance with all requirements of law.
(h) Request for Formal Hearing. Except as
				  otherwise provided by law, if an applicant's original application or request
				  for a certificate is denied, he or she shall have 30 days from the date of
				  denial to make a written request for a formal hearing, and if so requested, the
				  formal hearing will be granted and the provisions of the APA and this chapter
				  with regard to contested cases shall apply.