SECTION 80.11. Informal Settlement Conferences

(a) After following the provisions of §80.2 of this title (relating to Complaint Procedures), the Enforcement Committee may invite a licensee to attend an informal conference to seek to settle a complaint.

(b) The Enforcement Committee shall notify a licensee of an invitation to attend an informal conference as part of a notice of violation through regular mail and email.

(c) A licensee shall respond in writing to the Enforcement Committee's notice of violation and invitation within 20 days from the date it was sent by the Board.

(d) Board staff shall docket a contested case with the State Office Administrative Hearings (SOAH) against the licensee if the licensee fails to respond or declines the notice of violation and invitation.

(e) The Enforcement Committee may withdraw an invitation to an informal conference at any time.

(f) The Enforcement Committee may invite a complainant to attend an informal conference.

(g) In its discretion, the Enforcement Committee may hold an informal conference in-person, or by telephone, video conference, or any other electronic means.

(h) The chairman of the Enforcement Committee may select one or more members of the committee to hold the informal conference.

(i) A staff attorney shall attend all informal conferences.

(j) A licensee may be represented by an attorney.

(k) After the conclusion of the informal conference, the Enforcement Committee may:

(1) dismiss the complaint;

(2) direct staff to further investigate the complaint;

(3) modify the original notice of violation; or

(4) direct staff to docket a contested case with SOAH.

(l) Any member of the Enforcement Committee who attends an informal conference that results in a final Proposal for Decision (PFD) after a hearing at SOAH shall recuse himself from any consideration and discussion of the PFD by the Board in a formal meeting.

Source Note: The provisions of this §80.11 adopted to be effective September 13, 2020, 45 TexReg 6234