This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:42 GMT
(a) In addition to the requirements of Chapter 164 of the Act, the following provisions apply to the conduct of ISCs:(1) All appearances at an ISC shall be via videoconference or teleconference.(2) The complainant shall be invited to make an oral statement at the ISC. Only the panel members and hearings counsel may address the Complainant.(3) The board's staff attorney and the licensee and/or the licensee's representative may discuss the investigation with and present pre-filed information to the panel.(b) After discussion with the parties, the panel may deliberate in private and then recommend resolution as allowed under Chapter 164 of the Act, including, but not limited to:(1) dismissal;(2) remedial plan;(3) agreed order with terms and conditions, including allowable administrative penalties;(4) referral to the State Office of Administrative Hearings (SOAH);(5) deferral for further information; or(6) other allowed actions, including consideration of a temporary suspension.(c) If an agreed order is recommended, limited post-ISC negotiation with the panel is allowed as follows:(1) only a single comprehensive proposal by the licensee or the licensee's representative is allowed;(2) the licensee's proposal must be in writing and provided to the board's staff attorney assigned to the ISC; and(3) board staff may communicate directly with the board representative(s) after the ISC for the purpose of discussing settlement of the case.(d) All recommendations for dismissal and remedial plans or agreed orders that are accepted and signed by the licensee will be presented to the board for consideration and possible approval.(e) A remedial plan may not be entered into to resolve an investigation of a complaint once a SOAH complaint or petition has been filed.