SECTION 140.262. Informal Disposition

(a) Informal disposition of any complaint or contested case involving a permit holder or an applicant for a contact lens dispensing permit may be made through an informal settlement conference held to determine whether an agreed settlement order may be secured.

(b) An informal settlement conference shall be voluntary.

(c) A settlement conference shall be informal and shall not follow the procedures established in this subchapter for contested cases and formal hearings.

(d) The permit holder, the permit holder's attorney, and department staff may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.

(e) The complainant shall not be considered a party in the settlement conference but shall be given an opportunity to be heard if the complainant attends. Any written statement submitted by the complainant shall be reviewed at the conference.

(f) At the conclusion of the settlement conference, department representatives may make recommendations for informal disposition of the complaint or contested case or for any disciplinary action authorized by the Act. The department may also:

(1) conclude that the department lacks jurisdiction;

(2) conclude that a violation of the Act or this subchapter has not been established;

(3) order that the investigation be closed; or

(4) refer the matter for further investigation.

Source Note: The provisions of this §140.262 adopted to be effective December 2, 2007, 32 TexReg 8518