Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.428 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) At any
				  stage of a disciplinary case, informal disposition of a complaint or contested
				  case involving an applicant or licensee may be made through an informal
				  conference held to determine whether the matters in controversy can be resolved
				  without further proceedings, including by agreed order.
(b) In any case where a notice of violation
				  has been issued proposing disciplinary action against an applicant or licensee,
				  that person will be given the opportunity to attend an informal conference to
				  show compliance with the law, pursuant to Texas Government Code §
										2001.054 (relating to
				  Licenses), prior to a requested hearing. If the applicant or licensee fails to
				  appear at a scheduled informal conference, the department may deem that person
				  to have waived the right to an informal conference and may proceed to
				  hearing.
(c) An informal conference
				  shall be voluntary for the applicant or licensee and shall not be a
				  prerequisite to a formal hearing.
(d) The conference shall be informal and
				  shall not follow the procedures established in this subchapter for contested
				  cases and formal hearings.
(e) The
				  department will establish the time, date and place of the informal conference,
				  and provide written notice to the licensee or applicant. Written notice will be
				  provided no less than 10 business days prior to the date of the informal
				  conference at the last known address of the licensee or applicant.
(f) The applicant or licensee may be
				  represented by legal counsel at the informal conference. The department's legal
				  counsel and appropriate staff will be present at the conference.
(g) At the conclusion of the informal
				  conference, the department may propose an informal disposition of the complaint
				  or contested case. The proposal may include proposed entry of an agreed order
				  imposing any disciplinary action authorized by the Act or this subchapter. The
				  department may also conclude that the department lacks jurisdiction; that the
				  matter should be referred for further investigation; that the complaint should
				  be closed without action; or that the department will proceed to a contested
				  case hearing on the proposed action, if one has been requested by the applicant
				  or licensee, in accordance with §
										140.430
				  of this title (relating to Procedures for Contested Cases).
(h) The licensee or applicant may either
				  accept or reject the department's proposal at the informal conference. If the
				  recommendations are accepted, a proposed agreed order will be forwarded to the
				  licensee or applicant, or that person's attorney. The order will include any
				  agreed findings of fact and conclusions of law. If the licensee or applicant
				  fails to return the signed order within 20 days of receipt of the proposed
				  order, or within another time frame specified or agreed to by the department,
				  the department's proposed order will be deemed withdrawn and the department may
				  proceed to a contested case hearing on the action originally proposed, if the
				  applicant or licensee has requested one, or otherwise proceed with appropriate
				  action against the applicant or licensee. The licensee or applicant will be
				  deemed to have received the proposed agreed order three days after
				  mailing.