SECTION 140.44. Informal Disposition

(a) Informal disposition of any complaint or contested case involving a licensee or registrant or an applicant for a license or registration may be made through an informal conference held to determine whether an agreed settlement order may be secured.

(b) An informal conference shall be voluntary.

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

(d) The licensee or registrant, the licensee's or registrant'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 informal 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 informal conference.

(f) At the conclusion of the informal 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 representatives may also:

(1) conclude that the department lacks jurisdiction;

(2) conclude that a violation of the Act or this chapter 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 §140.44 adopted to be effective February 1, 2007, 32 TexReg 314