SECTION 139.19. Final Resolution of Complaint

(a) Upon the completion of an investigation, the board staff shall present to the executive director a report of investigation and recommendation of final resolution of the complaint. If sufficient evidence and documentation exists to substantiate one or more violations of the Act or board rules has occurred, the board shall proceed as prescribed in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts and Board Rules). These actions may include, but are not limited to, one or more of the following:

(1) enter into an agreement of voluntary compliance;

(2) agree to informal Consent Order or Agreed Board Order that may include an administrative penalty and/or compliance requirements;

(3) agree to mediation and alternative dispute resolution prescribed in §131.113 of this title (relating to Mediation and Alternative Dispute Resolution);

(4) referral of injunctive or criminal actions to the proper authorities;

(5) referral to the State Office of Administrative Hearings; or

(6) other action as provided by law.

(b) If sufficient evidence and documentation does not exist to substantiate that one or more violations of the Acts or board rules has occurred and disciplinary action is not warranted, the board staff shall recommend to dismiss the complaint and report the dismissal to the board.

Source Note: The provisions of this §139.19 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10180; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective March 15, 2018, 43 TexReg 1441; amended to be effective December 25, 2020, 45 TexReg 9206