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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA |
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Chapter 402. HEARING INSTRUMENT FITTERS AND DISPENSERS |
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Subchapter K. LICENSE DENIAL AND DISCIPLINARY PROCEDURES |
Sec. 402.505. INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT CONFERENCE
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(a) The committee by rule shall adopt procedures governing:
(1) informal disposition of a contested case under Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with Section 2001.054, Government Code.
(b) The committee by rule shall establish procedures by which a panel appointed by the department may conduct an informal settlement conference to resolve a complaint against a person licensed under this chapter.
(c) Procedures established under Subsection (b) must:
(1) require the panel conducting the conference to use the schedule of sanctions adopted by the committee to determine the appropriate disciplinary action, if any, to recommend to the committee; and
(2) require the panel to:
(A) recommend a settlement of the complaint to the committee; or
(B) refer the complaint to the State Office of Administrative Hearings for a formal hearing and notify the committee of the referral.
(d) The committee may approve, modify, or reject the settlement recommendation of the panel.
(e) Rules adopted under this section must:
(1) provide the complainant and the license holder with an opportunity to be heard; and
(2) require the presence of an attorney to advise the panel.