SECTION 107.23. Commencement of Formal Disciplinary Proceedings

(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.

(c) When a Formal Complaint is filed, the Executive Director shall serve the Respondent with a copy of the Formal Complaint. The Notice accompanying the Formal Complaint shall state that Respondent shall file a written answer to the Formal Complaint that meets the requirements of §107.24 of this title.

(d) Board staff may amend the Formal Complaint at any time permitted by the APA. A copy of any Amendment to the Formal Complaint shall be served on the Respondent. The first complaint filed shall be entitled "Formal Complaint," the first amended complaint filed shall be entitled "First Amended Formal Complaint," and so forth.

(e) The Formal Complaint may be resolved by agreement of the parties at any time.

Source Note: The provisions of this §107.23 adopted to be effective September 14, 2010, 35 TexReg 8342