Texas Occupations Code 801.408 – Informal Proceedings
Current as of: 2024 | Check for updates
|
Other versions
(a) The board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under § 2001.056, Government Code; and
(2) an informal proceeding held in compliance with § 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an opportunity to be heard; and
(2) require the presence of the board’s general counsel or a representative of the attorney general during an informal proceeding to advise the board or the board’s employees.
Terms Used In Texas Occupations Code 801.408
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Rule: includes regulation. See Texas Government Code 311.005
(c) A committee of two or more veterinarian board members and one or more public board members must be present at an informal proceeding for a complaint that requires medical expertise. The committee shall recommend enforcement action at the informal proceeding.
(d) A committee of board staff may recommend enforcement action at an informal proceeding for a complaint that does not require medical expertise or may refer the complaint to the committee of board members under Subsection (c).
(e) At an informal proceeding under this section, and on agreement with the license holder, the board may order the license holder to refund an amount not to exceed the amount a client paid to the license holder instead of or in addition to imposing an administrative penalty under this chapter. The board may not require payment of other damages or estimate harm under this subsection.
(f) Before an informal disposition is effective, the board must review and approve at a public meeting an informal disposition of the complaint recommended by board members or board staff.