Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Chapter 137. COMPLIANCE AND PROFESSIONALISM

Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE

22 TAC §137.13

The Texas Board of Professional Engineers proposes an amendment to §137.13, relating to Inactive Status. The proposed amendment is related to the fee increase paid by license holders filing for inactive status.

The proposed rule change would not require a license holder who is filing for inactive status to pay the $200 fee increase as provided under the Texas Engineering Practices Act, Texas Occupations Code §1001.206.

Lance Kinney, P.E., Deputy Executive Director for the board, has determined that for the first five-year period the proposed amendment is in effect there is a potential for very minor fiscal implications for the state and no fiscal implications for local government as a result of enforcing or administering the section as amended. Mr. Kinney has determined that there is no additional cost to the agency or to licensees. There may be a positive fiscal impact to individuals required to comply with the rule as they may file for inactive status without paying the $200 fee increase. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board of Engineers. A Regulatory Flexibility Analysis is not needed because there is no adverse economic effect to small or micro businesses.

Mr. Kinney also has determined that for the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment is a simplification of the inactive status filing process and potentially more licensees remaining in the licensure system.

Comments may be submitted no later than 30 days after the publication of this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417.

The amendment is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state; Occupations Code §1001.206 exempting licensees in Inactive Status from paying the fee increase, and Occupations Code §1001.355 providing for an Inactive Status for license holders.

No other statutes, articles or codes are affected by the proposed amendment.

§137.13.Inactive Status.

(a) A license holder may request in writing to change the status of the license to "inactive" at any time. A license holder whose license is inactive may not practice engineering. A license holder who has requested inactive status shall not be required to pay the fee increase per §1001.206 of the Act and shall not receive any refunds for licensing fees previously paid to the Board.

(b) A license holder whose license is inactive must pay an annual fee as established by the board at the time of the license renewal. If the inactive fee is not paid by the date a person's license is to expire, the inactive renewal fee for the expired license shall be assessed the required annual renewal fees and late fees [ ~~increased~~] in the same manner as for an active license renewal [~~fee~~].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801455

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 440-7723

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 469. COMPLAINTS AND ENFORCEMENT

22 TAC §469.7

The Texas State Board of Examiners of Psychologists proposes amendments to §469.7, Persons with Criminal Backgrounds. The amendments are being proposed to clarify the rule and make it concur with Chapter 53 of the Occupations Code.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other code, articles or statutes are affected by this section.

§469.7.Persons with Criminal Backgrounds.

(a) The Board may revoke or suspend an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license due to a felony or misdemeanor conviction if the offense directly relates to the performance of the activities of a licensee and the conviction directly affects such person's present fitness to perform as a licensee of this Board.

(b) The Board shall revoke an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license due to a felony conviction under Section 35A.02 of the Texas Penal Code, concerning Medicaid fraud.

(d) In determining whether a criminal conviction directly relates to the performance of a licensee, the Board shall consider the factors listed in the Texas Occupations Code, Chapter 53.

(e) Those crimes which the Board considers as directly related to the performance of a licensee include but are not limited to:

(1) a misdemeanor and/or felony offense under the following titles of the Texas Penal Code:

(A) Title 5, pertaining to offenses against the person (for example, homicide, kidnapping, sexual offenses, and assaultive offenses);

(B) Title 7, pertaining to offenses against property (for example, arson, robbery, burglary, theft, fraud, money laundering, and insurance fraud);

(C) Title 8, pertaining to offenses against public administration (for example, bribery, perjury, and obstruction of justice);

(D) Title 9, pertaining to offenses against public order and decency (for example, disorderly conduct and public indecency);

(E) Title 10, pertaining to offenses against public health and safety (for example, weapons offenses, gambling, and intoxication offenses); and

(F) Title 4, pertaining to the offenses of attempting or conspiring to commit the offenses listed in subsections (a) - (e) of this section.

(2) any criminal violation of the Psychologists' Licensing Act or other statutes regulating or pertaining to the profession of psychology;

(3) any criminal violation of statutes regulating other professions in the healing arts, which includes, but is not limited to medicine and nursing;

(4) any crime involving moral turpitude;

(5) any offense involving the failure to report abuse;

(6) any state or federal drug offense, including violations of the Controlled Substances and Dangerous Drugs Act; and

(7) any other misdemeanor or felony that the Board may consider in order to promote the public safety and welfare, as well as the intent of the Act and these rules.

(f) In determining whether a criminal conviction directly affects [~~a person's~~] present fitness of the licensee, [, ] the Board shall consider the factors listed in Texas Occupations Code, Section 53.023.

(g) It shall be the responsibility of the licensee [~~applicant~~ ] to secure and provide to the Board the recommendations of the prosecution, law enforcement, and correctional authorities regarding all criminal offenses.

(h) The licensee [~~applicant~~] shall also furnish proof in such form as may be required by the Board that he/she maintained a record of steady employment and has supported his/her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in all criminal cases in which he/she has been convicted.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 10, 2008.

TRD-200801381

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7706

Part 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

Chapter 571. LICENSING

Subchapter C. LICENSE RENEWALS

22 TAC §571.57

The Texas Board of Veterinary Medical Examiners proposes new §571.57, regarding the application of monetary funds to unpaid administrative penalties.

The proposed new rule will allow the Board to apply any monetary funds sent to the Board by a licensee to first be applied to any outstanding administrative penalties owed by the licensee.

Dewey E. Helmcamp III, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be no fiscal implication for the state and no fiscal implication for local government as a result of enforcing or administering the rule as proposed. Mr. Helmcamp has also determined that the rule will have no local employment impact.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will ensure that any outstanding administrative penalties owed to the Board will be paid without further court expense by the State.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed rule from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7556, or by e-mail vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

The new rule is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§571.57.Application of Monetary Funds to Unpaid Administrative Penalties.

When a person pays monetary funds to the Board to renew a license, the monetary funds paid shall first be applied to any outstanding administrative penalties owed from a final Board order, as authorized under §573.62(b) of this title (relating to Violation of Board Orders/Negotiated Settlements).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801458

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

Chapter 573. RULES OF PROFESSIONAL CONDUCT

Subchapter F. RECORDS KEEPING

22 TAC §573.51

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.51, regarding rabies control.

The proposed amendment would require a veterinarian that issues a rabies vaccination certificate or the veterinary practice where the certificate was issued to retain a readily retrievable copy of the certificate. The proposed amendment will conform the Board's rule to the current practice and policy of the Board where the veterinary practice may keep the certificate if the certificate was issued there and the client has not transferred when a veterinarian leaves the veterinary practice.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to ensure that rabies vaccination certificates are held for an appropriate amount of time to allow for the effective control of rabies in Texas.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.51.Rabies Control.

(a) Only the vaccinating veterinarian shall issue official rabies vaccination certificates. Each certificate shall contain the information required by 25 TAC §169.29 adopted by the Department of State Health Services [ ~~Texas Department of Health~~], including:

(1) owner's name, address and telephone number;

(2) animal identification species, sex (including neutered if applicable), approximate age (three months to 12 months, 12 months or older), size (pounds), predominant breed, and colors;

(3) vaccine used producer, expiration date and serial number;

(4) date vaccinated;

(5) date vaccination expires (re-vaccination due date);

(6) rabies tag number if a tag is issued; and

(7) veterinarian's signature or signature stamp and license number. Use of a veterinarian's signature stamp on a vaccination certificate by a non-licensed person shall be authorized only under the direct supervision of the vaccinating veterinarian.

(b) A veterinarian may allow a non-licensed person to administer a rabies vaccine, provided the non-licensed person is under the direct supervision of the veterinarian.

(c) Each veterinarian that issues a rabies vaccination certificate, or the veterinary practice where the certificate was issued, shall retain a readily retrievable copy of the certificate for a period of not less than five years from the date of issuance.

(d) A veterinarian having knowledge of an animal bite to a human shall immediately report the incident to the local health authority. A veterinarian preparing an animal's body for rabies diagnosis shall comply with all requirements of 25 TAC §169.33 adopted by the Department of State Health Services [~~Texas Department of Health~~].

(e) A veterinarian who ceases the practice of veterinary medicine shall deliver to the local health authority all duplicate rabies vaccination certificates issued by the veterinarian within the preceding five-year period. A veterinarian who sells or leases his practice to another veterinarian may transfer duplicate rabies certificates with the records of the practice which are transferred to a new owner.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801459

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

Subchapter G. OTHER PROVISIONS

22 TAC §573.62

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.62, regarding the violation of Board orders or negotiated settlements.

The proposed amendment would authorize the Board to deny a request for renewal if the licensee has not paid a final administrative penalty. The proposed amendment also lays out the circumstances where the rule does not apply.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.62.Violation of Board Orders /Negotiated Settlements .

(a) All persons that are the subject of a Board order shall abide by the terms of the order. The Board may open a complaint against a person who violates a Board order and/or refer the person to the Attorney General for prosecution under the Veterinary Licensing Act, Texas Occupations Code, Chapter 801, and the Administrative Procedure Act, Government Code, §2001.202.

(b) The Board may deny a person's request to renew a license issued under Title 4, Chapter 801 of the Texas Occupations Code if the person has not paid an administrative penalty imposed under Title 4, Chapter 801 of the Texas Occupations Code. This section does not apply if:

(1) the person's time to pay or request a hearing has not expired under Title 4, Chapter 801 of the Texas Occupations Code;

(2) the person has requested a hearing under Title 4, Chapter 801 of the Texas Occupations Code, but the person's time to pay has not expired under the same statute or Board rules; or

(3) the penalty is stayed.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801460

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

22 TAC §573.67

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Veterinary Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Veterinary Medical Examiners proposes the repeal of §573.67, regarding temporary license suspensions.

The proposed repeal is in conjunction with proposed new §575.35 as part of the agency rule review of Chapter 575. The proposed repeal will allow for better organization of Chapter 573 and Chapter 575 of the Board's rules. The subject matter regarding temporary license suspensions is addressed in proposed new §575.35. Chapter 575 generally discusses the practice and procedure rules for the Board, and therefore is a more appropriate place for a rule regarding temporary license suspensions.

Dewey E. Helmcamp III, Executive Director, has determined that for each year of the first five years that the repeal is in effect there will be no foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the repeal. Mr. Helmcamp also determined that there will be no probable direct adverse effect on small businesses, micro businesses, or local or state employment. Mr. Helmcamp has also determined that there will be no probable economic cost to persons required to comply with the repeal as proposed.

Mr. Helmcamp has also determined that for each year of the first five years the repeal is in effect, the anticipated public benefit will be to have more organized Board rules.

The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.67.Temporary License Suspensions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801461

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

22 TAC §573.76

The Texas Board of Veterinary Medical Examiners received a petition for rulemaking to propose an amendment to §573.76, regarding the sterilization of animals from releasing agencies.

The proposed amendment will require the releasing agency of an animal to record microchip information in a database of their own or that of the microchip manufacturer. The proposed amendment deletes the requirement that the owner of the animal is responsible for recording the microchip information with the microchip manufacturer.

Dewey E. Helmcamp III, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be no fiscal implication for the state and minor fiscal implications for local government as a result of enforcing or administering the rule as proposed, though TBVME is unable to calculate the exact amount of fiscal implication. TBVME anticipates there being a possible minor fiscal implication to local government releasing agencies if they choose to microchip rather than tattoo an animal to identify a sterile animal. Both methods, tattooing and microchiping, are acceptable under the current rule. The releasing agency has the choice to determine which method they wish to use under the current rule. This proposed rule does not change this requirement. However, if a releasing agency does choose to microchip, under the proposed rule, there may be a minor fiscal implication for administrative costs associated with recording database information, depending on the process chosen by the releasing agency. Mr. Helmcamp has determined that the rule will have no local employment impact.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to ensure that animals coming through releasing agencies will be more readily identifiable as being sterile, thereby reducing unnecessary abdominal surgery on unidentified sterile animals.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.76.Sterilization of Animals from Releasing Agencies.

(a) Definitions. The following words, when used in this section, have the following meaning:

(1) Releasing agency--a public or private animal pound, shelter, or humane organization. This term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.

(2) Animal--a dog or cat.

(3) Microchip--a transponder that is placed under an animal's skin by an injector and can be read by a microchip scanner.

(4) Tattoo--a permanent etching formed by injecting ink into the basal layer of the epidermis of an animal.

(b) Sterilization required. A new owner of an animal released from a releasing agency must have the animal sterilized in accordance with Chapter 828, Health & Safety Code.

(c) Identification markers. An animal sterilized under this section must be identified by a microchip and/or a tattoo indicating that it has been sterilized.

(1) The releasing agency [~~A new owner~~] of an animal with a microchip shall be responsible for recording the information in its own database or providing information to the data base registry of the microchip manufacturer indicating that the animal has been sterilized.

(2) A tattoo must:

(A) be placed on the inside of the animal's thigh near the abdomen or on the caudal-ventral abdomen;

(B) be imprinted with ink that is manufactured in the United States;

(D) be of a contrasting color to the predominant color of the skin in which it is tattooed; and

(E) consist of the universal symbol for male or female overlain by a slash through the circle to indicate sterilization.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801462

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

22 TAC §573.77

The Texas Board of Veterinary Medical Examiners proposes the repeal of §573.77, regarding cease and desist procedures.

The proposed repeal is in conjunction with proposed new §575.40 as part of the agency rule review of Chapter 575. The proposed repeal will allow for better organization of Chapter 573 and Chapter 575 of the Board's rules. The subject matter regarding cease and desist procedures is addressed in proposed new §575.40. Chapter 575 generally discusses the practice and procedure rules for the Board, and therefore is a more appropriate place for a rule regarding cease and desist procedures.

Mr. Helmcamp has also determined that for each year of the first five years the repeal is in effect, the anticipated public benefit will be to have more organized Board rules.

The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.77.Cease and Desist Procedures.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801463

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

Chapter 575. PRACTICE AND PROCEDURE

The Texas Board of Veterinary Medical Examiners (Board) proposes amendments to §§575.2 - 575.6, 575.22, and 575.27, new §§575.7 - 575.10, 575.28 - 575.30, 575.35, 575.40, 575.50, 575.60, and 575.62, and the repeal of §575.7 and §§575.30 - 575.32 concerning practice and procedure provisions. The proposed amendments, new rules and repeal result from the Board's rule review conducted in accordance with Texas Government Code, §2001.039.

Elsewhere in this issue of the Texas Register , the Texas Board of Veterinary Medical Examiners contemporaneously proposes the rule review of Chapter 575.

The Board proposes the following changes to Chapter 575 that will clarify the rules of practice and procedure before the Board, including but not limited to contested case hearings, Board meetings, complaints, informal conferences, temporary license suspension proceedings and cease and desist procedures.

Language will be revised in §575.2, to clarify that items shall be filed with the Board office rather than specifically with the executive director, and shall be deemed received when received in the Board office rather than specifically received by the executive director.

Language will be revised in §575.3 providing further clarification regarding the Board procedure for counting days prescribed by this chapter or by a SOAH order, further clarification regarding the Board procedure for disputes involving the computation of time and Board procedure involving extensions of filing deadlines.

Language will be revised in §575.4 to provide gender inclusive language, with no substantive changes to the rule.

Proposed amendments to §575.5, regarding subpoenas and witness expenses, will further clarify the procedures for a party to a contested case hearing to request a subpoena. In addition, the proposed amendments will further define the means available to the Board to serve subpoenas. Also, the proposed amendments will clarify the amount available for the payment by the Board for a witness of the Board at a contested case hearing, as well as note that the pendancy of a SOAH proceeding does not preclude the Board from issuing an investigative subpoena at any time.

Language will be revised in §575.6 to include gender inclusive language and delete provisions regarding Board practice and procedure regarding final decision and orders, and motions for rehearing as these issues are proposed to be discussed in §575.8 and §575.9.

Language will be repealed and revised in §575.7. The proposed repealed issue of costs of appeal is addressed in proposed new §575.10. Proposed new §575.7, regarding the presentation of a proposal for decision, will outline the presentation procedures for Proposals for Decisions in contested case hearings before the Board.

Proposed new §575.8 will outline and clarify the Board's practice and procedure regarding final decisions and orders, as previously addressed in §575.6.

Proposed new §575.9 will outline the procedure before the Board regarding motions for rehearing, as previously addressed in §575.6.

Proposed new §575.10 will state the apportionment of costs in mediations and administrative hearings, appeals and related costs.

Language will be revised in §575.22 to further clarify the actions the Board may take in reinstating a veterinary license and add gender inclusive language.

Language will be revised in §575.27 to further clarify the Board practice and procedure involving complaints against licensees and to remove subsections involving complaint logs, investigation of complaints, informal conferences, contested case hearings and contingency plans for Board members. The issue of investigation of complaints will be addressed in proposed new §575.28. The issue of informal conferences and contingency plans for Board members will be addressed in proposed new §575.29. The issue of Board procedure regarding contested case hearings will be addressed in proposed new §575.30.

Proposed new §575.28 will restate the Board's procedure involving investigations conducted by the Board as removed from §575.27 and simplify the language to make the rule easier to read.

Proposed new §575.29 will restate the Board's procedure regarding informal conferences and contingency plans for Board members as removed from §575.27. In addition, the proposed new rule will allow the enforcement committee's designee to notify parties of the dismissal of a complaint, advise the licensee of the alleged violations and offer a settlement, or inform the licensee of their right to an administrative hearing. The proposed rule provides further clarification of the informal settlement conference procedure before the Enforcement Committee, including providing for additional negotiations and allowing for communications with Board members on the Enforcement Committee in the settlement process.

Language will be repealed and revised in §575.30. The proposed repealed issue of criminal convictions is addressed in proposed new §575.50. Proposed new §575.30 regarding contested case hearings at the State Office of Administrative Hearings (SOAH), restates the removed language from §575.27 regarding the contested case hearings before the Board. The proposed new rule replaces the requirement of filing a complaint affidavit with SOAH with filing a complaint, and further clarifies the Board's procedure with regards to filing complaints with SOAH. The proposed new rule deletes specific requirements from the Board procedure for filing with SOAH as they are redundant to rules set forth by SOAH and the Administrative Procedure Act and are more properly placed in Board policy. The proposed new rule also further delineates the presumption of receipt of a notice of hearing to the last known address registered with the Board for the licensee.

Section 575.31 will be repealed regarding alternative dispute resolutions. The proposed repeal is to allow better organization of Chapter 575. Proposed new §575.60 will discuss the issue of alternative dispute resolutions.

Section 575.32 will be repealed regarding negotiated rulemaking. The proposed repeal is to allow better organization of Chapter 575. Proposed new §575.62 will discuss the issue of negotiated rulemaking.

Proposed new §575.35 will restate the Board's procedure involving temporary license suspension proceedings before the Board which was removed from the proposed repeal of §573.67 and further clarify evidence rules for those proceedings.

Proposed new §575.40 will restate the language in proposed repealed §573.77 regarding the Board's cease and desist procedures. The proposed new rule will also state the purpose of the new rule.

Proposed new §575.50 will restate the language in proposed repealed §575.30 regarding criminal convictions by licensees.

Proposed new §575.60 will restate the language in proposed repealed §575.31 regarding alternative dispute resolutions. The proposed new rule will also add gender inclusive language.

Proposed new §575.62 will restate the language in proposed repealed §575.32 regarding negotiated rulemaking. The proposed new rule will add the requirement that the notice of a proposed new rule or amendment of an existing rule shall be made in accordance with the Administrative Procedure Act, to conform the rule to the current practice of the Board, and to add gender inclusive language.

Technical Changes

Throughout Chapter 575, numerous grammatical and technical changes will be made, such as replacing the term "Executive Director" with the term "Office of the Texas Board of Veterinary Medical Examiners" and replacing the term "Director of Enforcement" in some places with the term "Executive Director's designee." Also, statutory citation references will be updated and standardized to reflect current law and Texas Register formatting requirements.

Dewey E. Helmcamp, III, has determined that for each year of the first five years the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rules.

Dewey E. Helmcamp, III, has determined that for each year of the first five years the proposed rules are in effect the public benefit anticipated as a result of the proposed revisions would be ensuring that the general practice and procedures for the Board are clear and well organized and address the common issues for licensees and any other party that may appear before the Board. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed rules.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed rules from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7556, or by e-mail vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

22 TAC §§575.2 - 575.10, 575.22, 575.27 - 575.30, 575.35, 575.40, 575.50, 575.60, 575.62

The amendments and new rules are proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§575.2.Filing of Documents.

All applications, petitions, complaints, motions, replies, answers, notices, requests for exceptions, and other documents relating to any proceeding pending or set for consideration by the Board shall be filed in the office of the Texas Board of Veterinary Medical Examiners, Austin, Texas [~~with the executive director~~]. The documents shall be deemed filed only when actually received in the office of the Texas Board of Veterinary Medical Examiners [ ~~by the executive director~~], accompanied by the filing fee, if any, required by statute or Board rules.

§575.3.Computation of Time.

(a) Counting days. Unless otherwise required by statute, in computing time periods prescribed by this chapter or by a SOAH order, the period shall begin to run on the day after the act, event or default in question. The day of the act, event or default on which the designated period time begins to run is not included. The period shall conclude on the last day of the designated period, unless that day is a Saturday, Sunday or legal state or federal holiday, in which case the designated period runs until the end of the next day that is not a Saturday, Sunday or legal state or federal holiday. When these rules specify a deadline or a set number of days for filing documents or taking other actions, the computation of time shall be by calendar days rather than business days, unless otherwise provided in this chapter or pursuant to a SOAH or board order. [In computing time periods prescribed or allowed by these rules, Board order, or any applicable statute, the day of the act, event or default on which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday or legal state or federal holiday, in which case the time period will end on the next day that is not a Saturday, Sunday or local state or federal holiday. Unless otherwise provided by statute or rule, the executive director or Board may for good cause extend the time period.]

(b) Dispute. Disputes regarding computation of time for periods not specified by this chapter or by a board or SOAH order will be resolved by reference to applicable law and upon consideration of agency policy documented in accordance with the Act and Board rules.

(c) Extensions. Unless otherwise provided by statute, the time for filing any document may be extended by agreement of the parties, order of the executive director or the ALJ if SOAH has acquired jurisdiction, upon written request filed prior to the expiration of the applicable time period. This written request must show good cause for an extension of time and state that the need is not caused by the neglect, indifference or lack of diligence of the movant.

§575.4.Conduct and Decorum.

(a) All meetings of the Board and its committees are open to the public unless such meetings are conducted in executive session in accordance with the Chapter 551, Government Code, or Chapter 801, Occupations Code.

(b) Each party, witness, attorney, or other representative shall conduct themselves [~~himself~~] in all proceedings with proper dignity, courtesy, and respect for the Board and all other parties. Disorderly conduct will not be tolerated. Members of the public shall not address Board members during meetings unless recognized by the Board's presiding officer pursuant to a published agenda item. Persons seeking to position microphones, video cameras or other equipment for the purposes of recording Board proceedings may not disrupt the meeting or disturb participants.

(c) Attorneys and other representatives of parties shall observe and practice the standards of the ethical behavior prescribed for their professions.

(d) The Board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in disorderly, abusive or disruptive behavior.

§575.5.Subpoenas / [ ; ] Witness Expenses.

(a) In any proceeding involving an alleged violation of the Veterinary Licensing Act, Chapter 801, Occupations Code, including a contested case under the Administrative Procedure Act, Chapter 2001, Government Code, the Board may compel by subpoena:

(1) the attendance of witnesses for examination under oath; and

(2) the production for inspection or copying of books, accounts, records, papers, correspondence, documents, and other evidence relevant to the alleged violation.

(b) A party to a contested case hearing may request that the Board issue a subpoena or subpoena duces tecum , in accordancewith Section 2001.089 of the APA, as may be hereafter amended . The requesting party must show good cause, relevancy, necessity of the testimony or documents, lack of undue inconvenience, imposition or harassment of the party required to produce the testimony or documents, and must deposit sums necessary to insure payment of expenses incident to the subpoenas. The written request shall be addressed to a sheriff or constable for service in accordance with Section 2001.089 of the APA..

(1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who appears in response to the subpoena.

(2) The party requesting a subpoena duces tecum shall describe and recite with great clarity, particularity and specificity the books, records, and documents to be produced. The written request shall contain a description of the item sought, the name, address and title, if any, of the person or entity who has custody or control over the items, and the date and location at which the items are sought to be produced.

(3) If the subpoena is for the attendance of a witness, the written request shall contain the name, address, and title, if any, of the witness and the date and location at which the attendance of the witness is sought.

(c) A subpoena issued at the request of the Board's staff may be served [by] personally by a Board employee , [or] by certified mail , or by any other means authorized by law. [ The Board shall pay reasonable charges for photocopies produced in response to a subpoena requested by the Board's staff, but such charges may not exceed those billed by the Board for producing copies of its own records.]

(d) The Board may delegate authority to issue subpoenas to the executive director.

(e) A witness called at the request of the Board, who is not a party to the proceeding and who is subpoenaed to appear at a deposition or hearing or to produce books, papers, or other objects, shall be entitled to receive reimbursement for expenses incurred in complying with the subpoena as set by the Legislature in the APA, Texas Government Code Annotated §2001.103.

[(e) A witness called at the request of the Board shall be paid a fee of $25 per day and reimbursed for travel expenses in the same manner as Board employees. An expert witness called at the request of the Board shall be paid a fee of $200 per day and reimbursed for travel expenses in the same manner as Board employees.]

(f) The pendancy of a SOAH proceeding does not preclude the board from issuing an investigative subpoena at any time.

§575.6.Procedures Following a Contested Case Hearing.

(a) Following issuance of a proposal for decision (PFD) in a contested case referred by the Board to the State Office of Administrative Hearings (SOAH), the parties to the hearing may file exceptions and replies to exceptions to the PFD.

(b) Any party may, within 20 days after the date of service of a proposal for decision, file with the executive director of the Board and the administrative law judge (ALJ), exceptions and briefs to the PFD. Replies to the exceptions and briefs may be filed within 15 days after the date of filing of the exceptions and briefs.

(1) A request for extension of time within which to file exceptions, briefs, or replies shall be filed with the executive director of the Board and the ALJ, and a copy thereto shall be served on all other parties of record by the party making the request.

(2) The ALJ will rule on all exceptions, briefs and replies and requests for extension of time and notify the parties of their [~~his~~] decision and any amendments they propose [~~he proposes~~] to the PFD.

[(c) Following receipt of the proposal for decision, including any amendments by the ALJ, the Board shall adopt an order setting out findings of fact and conclusions of law and deciding the case. The Board shall notify the parties of its decision in accordance with the Government Code, §2001.142.]

[~~(d) The Board may change a finding of fact or conclusion of law set out in the ALJ's proposal for decision, or may vacate or modify an order issued by that ALJ if the Board determines that:~~]

[~~(1) the ALJ did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;~~]

[~~(2) a prior administrative decision on which the ALJ relied on is incorrect or should be changed; or~~]

[~~(3) a technical error in a finding of fact should be corrected. The Board shall state in writing the specific reason and legal basis for a change made under this subsection.~~]

[(e) Any motions for rehearing and replies to motions for rehearings must be filed in accordance with the time periods specified in the Government Code, §2001.146. Upon request by a party, the Board may grant oral argument on motions for rehearing.]

§575.7.Presentation of Proposal for Decision.

(a) Notice of oral argument. All parties and the ALJ who has issued a proposal for decision shall be given notice of the opportunity to attend and provide oral argument concerning a proposal for decision before the board. Notice shall be sent by hand delivery, regular mail, certified mail - return receipt requested, courier service, or registered service to the ALJ's office and the parties' addresses of record.

(b) Arguments before the Board. The order of the proceeding shall be as follows:

(1) the ALJ shall present and explain the proposal for decision;

(2) the party adversely affected shall briefly state the party's reasons for being so affected supported by the evidence of record;

(3) the other party or parties shall be given the opportunity to respond;

(4) the party with the burden of proof shall have the right to close;

(5) board members may question any party as to any matter relevant to the proposal for decision and evidence presented at the hearing;

(6) at the end of all arguments by the parties, the board may deliberate in closed session and shall determine the charges on the merits and take action on a final decision in open session.

(c) Limitation. A party shall not inquire into the mental processes used by the board in arriving at its decision, nor be disruptive of the orderly procedure of the board's routines.

§575.8.Final Decision and Orders.

(a) Board action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record.

(b) Recorded. All final decisions and orders of the board shall be in writing and shall be signed by the president, vice-president, or secretary and reported in the minutes of the meeting. A final order shall include findings of fact and conclusions of law, separately stated.

(c) Imminent peril. If the board finds that imminent peril to the public's health, safety, or welfare requires immediate effect of a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered and no motion for rehearing is required as a prerequisite for appeal.

(d) Changes to findings of fact and conclusions of law.

(1) Reasons to Change Findings of Fact and Conclusions of Law. The board is charged by the legislature to protect the public interest, is an independent agency of the executive branch of the government of the State of Texas, and is the primary means of licensing, regulating and disciplining veterinarians. Therefore, to ensure that sound veterinary medical principles govern the decisions of the board, it is the policy of the board to change a finding of fact or conclusion of law or to vacate or modify any proposed order of an ALJ only when the board determines:

(A) that the ALJ did not properly apply or interpret applicable law, board rules, written policies, or prior administrative decisions;

(B) that a prior administrative decision on which the ALJ relied is incorrect or should be changed; or;

(2) Recommendations regarding the appropriate sanction. Section 801.456(a) of the Veterinary Licensing Act requires that, after receiving the ALJ's findings of fact and conclusions of law, the board may determine that a violation occurred and impose an administrative penalty. The board interprets this requirement as imposing on the board the responsibility of assessing the proper sanction. While the board welcomes the recommendations of ALJs regarding the appropriate sanction, the board does not consider the findings of fact and conclusions of law to be appropriate for stating such recommendations. Therefore, sanction recommendations in the form of findings of fact and conclusions of law are considered to be an improper application of applicable law and these rules.

(3) Changes Stated in Final Order. If the board modifies, amends, or changes the ALJ's proposed findings of fact or conclusions of law, an order shall be prepared reflecting the specific reason and legal basis for each change made.

(e) Administrative finality. A final order or board decision is administratively final:

(1) upon a finding of imminent peril to the public's health, safety or welfare, as outlined in subsection (c) of this section;

(2) when no motion for rehearing has been filed within 20 days after the date the final order or board decision is entered; or

(3) when a timely motion for rehearing is filed and the motion for rehearing is denied by board order or operation of law as outlined in §575.9 of this title (relating to Motions for Rehearing).

§575.9.Motions for Rehearing.

Any motions for rehearing and replies to motions for rehearing must be filed in accordance with the time periods specified in the Government Code, §2001.146. Upon request by a party, the Board may grant oral argument on motions for rehearing.

§575.10.Costs of Administrative Hearings.

(a) Default Orders. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act by default, the board has the authority to assess, in addition to penalty imposed, costs of the administrative hearing.

(b) Mediation at SOAH. The costs of mediation shall be born equally by the parties, unless proof through affidavit and other reliable records such as tax returns show that a party is incapable of paying part of the costs of mediation.

(c) Trial on the Merits. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act after a trial on the merits, the board has the authority to assess in addition to the penalty imposed, the costs of the administrative hearing.

(d) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.

§575.22.Reinstatement of Veterinary Licenses.

(a) A person whose license to practice veterinary medicine has been cancelled or revoked, whether by voluntary action or by disciplinary action of the Board, may after five (5) years from the effective date of such cancellation or revocation, petition the Board for reinstatement of the license, unless another time is provided in the cancellation or revocation order, or unless no provision was made in the order for reinstatement. This rule does not apply to licensees who let their licenses lapse for non-payment of renewal fees or licensees against whom a cancellation or revocation proceeding is not pending before the Board or in any other jurisdiction.

(b) The petition shall be in writing and in the form prescribed by the Board.

(1) deny reinstatement of the license;

(2) reinstate and probate the licensee for a specified period of time under specified conditions; or

(3) authorize reinstatement of the licensee.

(d) [~~(c)~~] [~~The Board may grant or deny the petition.~~ ] If the petition is denied by the Board, a subsequent petition may not be considered by the Board until twelve (12) months have lapsed from the date of denial of the previous petition.

(e) [~~(d)~~] The petitioner or their [~~his~~ ] legal representative must appear before the Board to present the request for reinstatement of the license.

(f) [~~(e)~~] The petitioner shall have the burden of showing good cause why the license should be reinstated.

(g) [~~(f)~~] In considering a petition for reinstatement, the Board may consider the petitioner's:

(1) moral character;

(2) employment history;

(3) status of financial support to petitioner's [~~his~~] family;

(4) participation in continuing education programs or other methods of staying current with the practice of veterinary medicine;

(5) criminal history record, including felonies or misdemeanors relating to the practice of veterinary medicine and/or moral terpitude;

(6) offers of employment as a veterinarian;

(7) involvement in public service activities in the community;

(8) compliance with the provisions of the Board order revoking or canceling the petitioner's license;

(9) compliance with provisions of the Veterinary Licensing Act regarding unauthorized practice;

(10) history of acts or actions by any other state and federal regulatory agencies; and

(11) any physical, chemical, emotional, or mental impairment.

(h) [~~(g)~~] In considering a petition, the Board may also consider:

(1) the gravity of the offense for which the petitioner's license was cancelled, revoked or restricted and the impact the offense had upon the public health, safety, and welfare;

(2) the length of time since the petitioner's license was cancelled, revoked, or restricted, as a factor in determining whether the time period has been sufficient for the petitioner to have been rehabilitated sufficiently [~~himself~~] to be able to practice veterinary medicine in a manner consistent with the public health, safety and welfare;

(3) whether the license was submitted voluntarily for cancellation at the request of the licensee; and

(4) other rehabilitative actions taken by the petitioner.

(i) [~~(h)~~] If the Board grants the petition for reinstatement, the petitioner must successfully complete the Texas State Board Licensing Examination during the regularly scheduled examination times. The Board may also require the petitioner to complete additional testing to assure the petitioner's competency to practice veterinary medicine.

§575.27.Complaints--Receipt[ ~~, Investigation and Disposition~~ ].

(a) Complaints against licensees.

(1) All complaints filed by the public against board licensees must be in writing on a complaint form provided by the board and signed by the complainant. If a complaint is transmitted to the board orally or by means other than in writing and the complaint alleges facts showing a continuing or imminent threat to the public welfare, the requirement of a written complaint may be waived until later in the investigative process.

(2) The board may file a complaint on its own initiative.

(3) [~~(2)~~] Complaints by the board's enforcement section shall be initiated by the opening of a complaint file.

[~~(3) The board shall maintain a log of complaints to whom the board sends a complaint form.~~]

(4) Anonymous written complaints will normally not be investigated, but may be investigated if sufficient information exists for the board to file a complaint under paragraph (2) of this subsection. [~~will be logged and filed for information purposes only.~~]

(5) The board shall utilize violation code numbers to distinguish between categories of complaints.

(b) Complaints against non-licensees. Complaints against persons alleged to be practicing veterinary medicine without a license may be investigated and resolved informally by the executive director with the consent of the non-licensee, or the Board may utilize formal cease and desist procedures specified in §801.508, Occupations Code. Complaints not resolved by the executive director may be referred to a local prosecutor or the attorney general for legal action, as well as addressed in §801.508 of the Occupations Code.

[~~(c) Investigation of complaints.~~]

[(1) The policy of the board is that the investigation of complaints shall be the primary concern of the board's enforcement program, and shall take precedence over all other elements of the enforcement program, including compliance inspections.]

[~~(2) The board shall investigate complaints based on the following allegations, in order of priority:~~]

[~~(A) acts or omissions, including those related to substance abuse, that may constitute a continuing and imminent threat to the public welfare;~~]

[~~(B) acts or omissions of a licensee that resulted in the death of an animal;~~]

[~~(C) acts or omissions of a licensee that contributed to or did not correct the illness, injury or suffering of an animal; and~~]

[~~(D) all other act and omissions that do not fall within categories (A) - (C) of this paragraph.~~]

[~~(3) Upon receipt of a complaint, a letter of acknowledgment will be promptly mailed to the complainant.~~]

[~~(4) Complaints will be reviewed every thirty (30) days to determine the status of the complaint. Parties to a complaint will be informed on the status of a complaint at approximately 45 day intervals.~~]

[(5) Upon receipt of a complaint, the director of enforcement will review it and may interview the complainant to develop additional information. If the director of enforcement concludes that the complaint resulted from a misunderstanding, is outside the jurisdiction of the board, or is without merit, the director of enforcement shall recommend through the general counsel to the executive director that the investigation not be initiated. If the executive director concurs with the recommendation, the complainant will be so notified. If the executive director does not concur with the recommendations, the investigation will proceed.]

[(6) The director of enforcement will assign an investigator to the complaint, and the investigator will send a request for patient records to the licensee. Once the investigator receives the patient records, the investigator will send a copy of the complaint to the licensee, along with a request that the licensee respond to the complaint in writing within 21 days of receipt of the complaint.]

[(7) After the licensee's response to the complaint is received, further investigation may be necessary to corroborate the information provided by the complainant and the licensee. During the investigation, the investigator shall contact the complainant. Other persons, such as second opinion or consulting veterinarians, may be contacted. The investigator may request additional medical opinions, supporting documents, and interviews with other witnesses.]

[(8) Upon the completion of an investigation, the investigator shall prepare a report of investigation (ROI) for review by the director of enforcement, who in turn shall present the ROI to the executive director along with a conclusion as to the probability that a violation(s) exists.]

[(A) If the executive director determines from the ROI that the probability of a violation involving medical judgment or practice exists, the director of enforcement shall forward a copy of the ROI and complaint file to the board secretary and another board member (the "veterinarian members") who will determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices.]

[(B) If the probable violation does not involve medical judgment or practice (example: administrative matters such as continuing education and federal and state controlled substances certificates), the executive director shall forward the complaint file to a committee of the executive director, director of enforcement, the investigator assigned to the complaint, and general counsel (the "staff committee"), which shall determine whether or not the complaint should be dismissed, investigated further, or settled.]

[(C) If the veterinarian members determine that a violation has not occurred, the executive director or director of enforcement shall notify the complainant and licensee in writing of the conclusion and that the complaint is dismissed.]

[(D) If the veterinarian members conclude that a probable violation(s) exists, the executive director shall invite the licensee and complainant, in writing, to an informal conference to discuss the complaint made against the licensee. If the veterinarian members cannot agree to dismiss or refer the complaint to an informal conference, the complaint will be automatically referred to an informal conference. The letter invitation to the licensee must include a list of the specific allegations of the complaint.]

[~~(E) A complaint considered by the staff committee shall be referred to an informal conference if:~~]

[~~(i) the staff committee determines that the complaint should not be dismissed or settled;~~]

[~~(ii) the staff committee is unable to reach an agreed settlement; or~~]

[~~(iii) the licensee who is the subject of the complaint requests that the complaint be referred to an informal conference.~~]

[~~(d) Informal conferences~~]

[(1) The informal conference is the last stage in the investigation of a complaint. The licensee has the right to waive his or her attendance at the conference. The licensee may be represented by counsel.]

[(2) The board may be represented at the informal conference by an enforcement committee of the executive director, the veterinarian members and a public member of the board, the director of enforcement, the investigator assigned to the complaint, and the board's general counsel. The complainant and the licensee and the licensee's legal counsel may attend the conference. Any other attendees are allowed at the discretion of the executive director. The executive director or the director of enforcement shall conduct the conference.]

[(3) Subject to the discretion of the executive director, the following procedure will be followed at the informal conference. The executive director shall explain the purpose of the conference and the rights of the participants, lead the discussion of the allegations of the complaint, and explain the possible courses of action at the conclusion of the conference. The licensee will be asked to respond to the allegations. The complainant will be allowed to make comments relevant to the allegations. Comments of the licensee and complainant must be addressed to the person conducting the conference and not to each other. In the interest of maintaining decorum, the licensee or complainant may be asked to leave the room while the other is talking with the committee. The enforcement committee members may ask questions of the licensee and complainant in order to fully develop the complaint record.]

[(4) At the conclusion of the informal conference, the enforcement committee shall determine if a violation has occurred. If the enforcement committee determines that a violation has not occurred, the enforcement committee will dismiss the complaint, and will advise all parties of the decision and the reasons why the complaint was dismissed.]

[(5) If the enforcement committee determines that a violation has occurred and that disciplinary action is warranted, the executive director will advise the licensee of the alleged violations and offer the licensee a settlement in the form of an agreed order that specifies the disciplinary action and monetary penalty. With the agreement of the licensee, the enforcement committee may recommend that the licensee refund an amount not to exceed the amount the complainant paid to the licensee instead of or in addition to imposing an administrative penalty on the licensee. The executive director must inform the licensee that the licensee has a right to a hearing before an administrative law judge on the finding of the occurrence of the violation, the type of disciplinary action, and/or the amount of the recommended penalty.]

[~~(6) Within 20 days after the date the licensee receives the settlement offer, the licensee must submit a written response to the board~~]

[~~(A) accepting the settlement offer and recommended disciplinary action, or~~]

[~~(B) requesting a hearing before an administrative law judge.~~]

[(7) If the licensee accepts the settlement offer by signing the agreed order, the agreed order will be docketed for board action at the next regularly scheduled board meeting. The board may approve the agreed order as docketed, approve the agreed order with amendments, or reject the agreed order. If the board approves the agreed order with amendments, the executive director shall mail the amended agreed order to the licensee and the licensee shall have fourteen (14) days from receipt to accept the amended agreed order by signing and returning it to the board. If a licensee does not sign an amended agreed order or does not respond within the fourteen (14) days, the complaint will be scheduled for a hearing before an administrative law judge. If the board rejects the agreed order, the complaint may be scheduled for a hearing before an administrative law judge, or the board may direct the executive director to take other appropriate action.]

[~~(e) Contested case hearing~~]

[(1) If the licensee declines the board's settlement offer, or if the licensee fails to respond timely to the offer, or if the board rejects a proposed agreed order, the investigator of the complaint shall prepare a complaint affidavit containing the allegations against the licensee. The signed and notarized complaint affidavit will then be reviewed by the board's legal counsel and signed by the executive director. The date the executive director signs the complaint affidavit is the official date of filing the complaint affidavit with the board. The complaint affidavit shall serve as the board's pleading in a contested case. At least ten (10) days prior to a scheduled hearing, the complaint affidavit and notice of hearing shall be served on the licensee as set out in subsection (e)(3)(A) of this section.]

[(2) The executive director shall submit to the State Office of Administrative Hearings (SOAH) a completed Request to Docket Case requesting SOAH to set a hearing and/or assign an administrative law judge to the contested case. The board shall provide notice of the time, date, and place of the hearing to the licensee. Following issuance of a proposal for decision by the administrative law judge, the board by order may find that a violation has occurred and impose disciplinary action, or find that no violation has occurred. The board shall promptly advise the complainant of the board's action.]

[~~(3) Notice of SOAH hearing; continuance and default~~]

[(A) The board shall send notice of a contested case hearing before SOAH to the licensee's last known address as evidenced by the records of the board. Notice shall be given by first class mail, certified or registered mail, or by personal service.]

[(B) If the licensee fails to timely enter an appearance or answer the notice of hearing, the board is entitled to a continuance at the time of the hearing. If the licensee fails to appear at the time of the hearing, the board may move either for dismissal of the case from the SOAH docket, or request that the administrative law judge issue a default proposal for decision in favor of the board.]

[(C) Proof that the licensee has evaded proper notice of the hearing may also be grounds for the board to request dismissal of the case or issuance of a default proposal for decision in favor of the board.]

[(f) Contingency. The board president shall appoint another licensee board member to assume the duties of the board secretary in the complaint review and informal conference process in the event the board secretary is unable to serve in the capacity set out in this section.]

(c) [~~(g)~~] Report to the board of dismissed complaints. The executive director or the executive director's designee [~~director of enforcement~~ ] shall advise the board at each scheduled meeting of the complaints dismissed since the last meeting. [~~The information will consist of a summary of the allegations, investigation conducted, reasons for dismissal, and file number.~~]

(d) [~~(h)~~] Use of Private Investigators. The executive director may approve the use of private investigators to assist in investigation of complaints where the use of board investigators is not feasible or economical or where private investigators could provide valuable assistance to the board investigators. Private investigators may be utilized in cases involving honesty, integrity and fair dealing; reinstatement applications; solicitation; fraud; dangerous drugs and controlled substances; and practicing veterinary medicine without a license. Private investigators will be utilized in accordance with existing purchasing rules of the Comptroller of Public Accounts.

§575.28.Complaints--Investigations.

Investigation of complaints.

(1) Policy. The policy of the board is that the investigation of complaints shall be the primary concern of the board's enforcement program, and shall take precedence over all other elements of the enforcement program, including compliance inspections.

(2) Priority. The board shall investigate complaints based on the following allegations, in order of priority:

(A) acts or omissions, including those related to substance abuse, that may constitute a continuing and imminent threat to the public welfare;

(B) acts or omissions of a licensee that resulted in the death of an animal;

(C) acts or omissions of a licensee that contributed to or did not correct the illness, injury or suffering of an animal; and

(D) all other act and omissions that do not fall within subparagraphs (A) - (C) of this paragraph.

(3) Upon receipt of a complaint, a letter of acknowledgment will be promptly mailed to the complainant.

(4) Complaints will be reviewed every thirty (30) days to determine the status of the complaint. Parties to a complaint will be informed on the status of a complaint at approximately 45 day intervals.

(5) Upon receipt of a complaint, the director of enforcement, or their designee, will review it and may interview the complainant to obtain additional information. If the director of enforcement concludes that the complaint resulted from a misunderstanding, is outside the jurisdiction of the board, or is without merit, the director of enforcement shall recommend through the general counsel to the executive director that an investigation not be initiated. If the executive director concurs with the recommendation, the complainant will be so notified. If the executive director does not concur with the recommendations, an investigation will be initiated.

(6) The director of enforcement will assign an investigator to the complaint, and the investigator will send a request for patient records to the licensee. Once the investigator receives the patient records, the investigator will send a copy of the complaint to the licensee, along with a request that the licensee respond to the complaint in writing within 21 days of receipt of the complaint.

(7) After the licensee's response to the complaint is received, further investigation may be necessary to corroborate the information provided by the complainant and the licensee. During the investigation, the investigator shall contact the complainant. Other persons, such as second opinion or consulting veterinarians, may be contacted. The investigator may request additional medical opinions, supporting documents, and interviews with other witnesses.

(8) Upon the completion of an investigation, the investigator shall prepare a report of investigation (ROI) for review by the director of enforcement, who in turn shall present the ROI to the executive director along with a conclusion as to the probability that a violation(s) exists.

(A) If the executive director determines from the ROI that the probability of a violation involving medical judgment or practice exists, the director of enforcement shall forward a copy of the ROI and complaint file to the board secretary and another board member (the "veterinarian members") who will determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices.

(B) If the probable violation does not involve medical judgment or practice (example: administrative matters such as continuing education and federal and state controlled substances certificates), the executive director shall forward the complaint file to a committee of the executive director, director of enforcement, the investigator assigned to the complaint, and general counsel (the "staff committee"), which shall determine whether or not the complaint should be dismissed, investigated further, or settled.

(C) If the veterinarian members determine that a violation has not occurred, the executive director or director of enforcement or the executive director's designee, shall notify the complainant and licensee in writing of the conclusion and that the complaint is dismissed.

(D) If the veterinarian members conclude that a probable violation(s) exists, the executive director or the executive director's designee, shall invite the licensee and complainant, in writing, to an informal conference to discuss the complaint made against the licensee. If the veterinarian members cannot agree to dismiss or refer the complaint to an informal conference, the complaint will be automatically referred to an informal conference. The letter invitation to the licensee must include a list of the specific allegations of the complaint.

(E) A complaint considered by the staff committee shall be referred to an informal conference if:

(i) the staff committee determines that the complaint should not be dismissed or settled;

(ii) the staff committee is unable to reach an agreed settlement; or

(iii) the licensee who is the subject of the complaint requests that the complaint be referred to an informal conference.

§575.29.Informal Conferences.

(a) The informal conference is the last stage in the investigation of a complaint. The licensee has the right to waive his or her attendance at the conference. The licensee may be represented by counsel.

(b) The board may be represented at the informal conference by an enforcement committee of the executive director, the veterinarian members and a public member of the board, the director of enforcement, the investigator assigned to the complaint, and the board's general counsel. The complainant and the licensee and the licensee's legal counsel may attend the conference. Any other attendees are allowed at the discretion of the executive director. The executive director or the director of enforcement shall conduct the conference.

(c) Contingency. The board president shall appoint another licensee board member to assume the duties of the board secretary in the complaint review and informal conference process in the event the board secretary is unable to serve in the capacity set out in this section.

(d) Procedure. Subject to the discretion of the executive director, the following procedure will be followed at the informal conference. The executive director shall explain the purpose of the conference and the rights of the participants, lead the discussion of the allegations of the complaint, and explain the possible courses of action at the conclusion of the conference. The licensee will be asked to respond to the allegations. The complainant will be allowed to make comments relevant to the allegations. Comments of the licensee and complainant must be addressed to the person conducting the conference and not to each other. In the interest of maintaining decorum, the licensee or complainant may be asked to leave the room while the other is talking with the committee. The enforcement committee members may ask questions of the licensee and complainant in order to fully develop the complaint record.

(e) At the conclusion of the informal conference, the enforcement committee shall determine if a violation has occurred. If the enforcement committee determines that a violation has not occurred, the enforcement committee, or their designee, will dismiss the complaint, and will advise all parties of the decision and the reasons why the complaint was dismissed.

(f) If the enforcement committee determines that a violation has occurred and that disciplinary action is warranted, the executive director, or their designee, will advise the licensee of the alleged violations and offer the licensee a settlement in the form of an agreed order that specifies the disciplinary action and monetary penalty. With the agreement of the licensee, the enforcement committee may recommend that the licensee refund an amount not to exceed the amount the complainant paid to the licensee instead of or in addition to imposing an administrative penalty on the licensee. The executive director, or their designee, must inform the licensee that the licensee has a right to a hearing before an administrative law judge on the finding of the occurrence of the violation, the type of disciplinary action, and/or the amount of the recommended penalty.

(g) Within the time period prescribed, the licensee must submit a written response to the board:

(1) accepting the settlement offer and recommended disciplinary action, or

(2) requesting a hearing before an administrative law judge.

(h) Additional negotiations may be held between board staff and the licensee or the authorized representative. In consultation with the board representatives, as available, the recommendations of the board representatives may be subsequently modified based on new information, a change of circumstances, or to expedite a resolution in the interest of protecting the public.

(i) The board representative(s) shall be consulted and must concur with any subsequent substantive modifications before any recommendations are sent to the full board for approval.

(j) Board staff may communicate directly with the board representative(s) after the ISC for the purpose of discussing settlement of the case.

(k) If the licensee accepts the settlement offer by signing the agreed order, the agreed order will be docketed for board action at the next regularly scheduled board meeting.

(l) The recommendations may be adopted, modified, or rejected by the board.

(m) If the board approves the agreed order with amendments, the executive director, or their designee, shall mail the amended agreed order to the licensee and the licensee shall have fourteen (14) days from receipt to accept the amended agreed order by signing and returning it to the board. If a licensee does not sign an amended agreed order or does not respond within the fourteen (14) days, the complaint will be scheduled for a hearing before an administrative law judge. If the board rejects the agreed order, the complaint may be scheduled for a hearing before an administrative law judge, or the board may direct the executive director to take other appropriate action.

§575.30.Contested Case Hearing at SOAH.

(a) If the licensee declines the board's settlement offer, or if the licensee fails to respond timely to the offer, or if the board rejects a proposed agreed order, the board staff may proceed with the filing of a complaint with the State Office of Administrative Hearings (SOAH). The date the board staff signs the complaint is the official date of filing the complaint with the board. The complaint shall serve as the board's pleading in a contested case. At least ten (10) days prior to a scheduled hearing, the complaint and notice of hearing shall be served on the licensee as set out in subsection (g)(1) of this section. Except in cases of temporary suspension, a complaint shall be filed only after notice of the facts or conduct alleged to warrant the intended action has been sent to the licensee's address of record and the licensee has an opportunity to show compliance with the law for the retention of a license as provided in §2001.054 of the APA, and §801.408 of the Veterinary Licensing Act.

(b) SOAH hearings of contested cases shall be conducted in accordance with the Act, the APA, SOAH rules, and board rules. In the event of a conflict, the Act shall prevail over any other statute or rule, the APA shall prevail over SOAH rules, and SOAH rules shall prevail over the rules of the board, except when board rules provide the board's interpretation of the Act. If SOAH rules are silent on an issue addressed by this subchapter, the provisions of this subchapter shall be applied.

(c) The ALJ has the authority under SOAH rules, Chapter 155, to issue orders, to regulate the conduct of the proceeding, rule on motions, establish deadlines, clarify the scope of the proceeding, schedule and conduct prehearing and posthearing conferences for any purpose related to any matter in the case, set out additional requirements for participation in the case, and take any other steps conducive to a fair and efficient process in the contested case, including referral of the case to a mediated settlement conference or other appropriate alternative dispute resolution procedure as provided by Chapter 2003 of the Government Code.

(d) All documents are to be filed at SOAH after it acquires jurisdiction. Copies of all documents filed at SOAH shall be contemporaneously filed with the board.

(e) Because of the often voluminous nature of the records properly received into evidence by the ALJ, the party introducing such documentary evidence should paginate each exhibit and/or flag pertinent pages in each exhibit in order to expedite the hearing and the decision-making process.

(f) In accordance with the provisions of the APA, Section 2001.058(e), a party may file an interlocutory or interim appeal to the board requesting that the board vacate or modify an order issued by an ALJ.

(g) Notice of SOAH hearing; continuance and default

(1) The board shall provide notice of the time, date, and place of the hearing to the licensee. The notice shall include the requirements set forth in Section 2001.052 of the APA. The board shall send notice of a contested case hearing before SOAH to the licensee's last known address as evidenced by the records of the board, and presumed received by such action. Respondent is presumed to have received proper and timely notice three (3) days after the notice is sent to the last known address as evidenced by the records of the board. Notice shall be given by first class mail, certified or registered mail, or by personal service.

(2) If the licensee fails to timely enter an appearance or answer the notice of hearing, the board is entitled to a continuance at the time of the hearing. If the licensee fails to appear at the time of the hearing, the board may move either for dismissal of the case from the SOAH docket, or request that the administrative law judge issue a default proposal for decision in favor of the board.

(3) Proof that the licensee has evaded proper notice of the hearing may also be grounds for the board to request dismissal of the case or issuance of a default proposal for decision in favor of the board.

(h) After receiving the ALJ's findings of fact and conclusions of law, the board shall rule on the merits of the charges and enter an order. The board by order may find that a violation has occurred and impose disciplinary action, or find that no violation has occurred. The board shall promptly advise the complainant of the board's action.

§575.35.Temporary License Suspension Proceedings.

(a) Annually, the president of the Board shall appoint a three-member executive disciplinary committee (EDC) consisting of the president, the Board secretary, and one public member, to determine whether a person's license to practice veterinary medicine in this state should be temporarily suspended under the Occupations Code, §801.409. The president shall serve as the chairman of the EDC, except in their absence the Board secretary shall serve as chairman. If a member of the EDC is recused, or a member is unable to attend the EDC's meeting, an alternate Board member may serve in the member's place on the EDC if the alternate was previously appointed by the president of the Board and approved by the Board.

(b) The EDC shall meet to receive information on a complaint indicating that a licensee's continued practice of veterinary medicine may constitute a continuing or imminent threat to the public welfare. At the conclusion of the meeting, if the EDC concludes that the licensee's continued practice would constitute a continuing or imminent threat to the public welfare, the EDC shall suspend the licensee's license for a temporary, stated period of time.

(c) In accordance with the APA, Section 2001.081, the determination of the EDC may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.

(d) In receiving information on which to base its determination of a continuing threat to the public welfare, the EDC may accept the testimony of witnesses by telephone.

(e) The EDC and the EC may receive testimony and evidence in oral or written form. Written statements may be sworn or unsworn. The committee members may question witnesses at the members' discretion. Evidence or information that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.

(f) The EDC may suspend a license under this section without notice or a hearing on the complaint, provided the Board's enforcement committee (EC) (established pursuant to §575.27(d) of this title (relating to Complaints--Receipt)) shall meet in an informal conference within 14 days of the date of suspension, to determine if formal disciplinary proceedings should be initiated against the licensee. The licensee must receive notice of the conference at least 72 hours prior to the conference.

(g) Following the informal conference, the EC shall take one of the following actions:

(1) Lift the temporary suspension and reinstate the license without conditions.

(2) Negotiate with the licensee an agreed settlement order that will lift the suspension, continue the suspension, or impose other sanctions as appropriate. The agreed order would be presented to the next available Board meeting for adoption.

(3) Prepare a complaint affidavit setting out the details of the complaint and recommended sanctions, and forward the complaint affidavit to the State Office of Administrative Hearings for setting of an administrative hearing. Following the hearing, the administrative law judge will prepare a proposal for decision for adoption, in the form of an order, by the Board.

§575.40.Cease and Desist Procedures.

(a) Purpose. The purpose of a cease and desist proceeding is to determine whether a person has engaged in acts or practices that constitute the practice of veterinary medicine without a license ("respondent") in violation of Chapter 801 of the Occupations Code ("Veterinary Licensing Act") and whether the Board should issue a cease and desist order in accordance with the Veterinary Licensing Act, §801.508. The purpose of this section is to establish procedures for the handling of complaints regarding the unlicensed practice of medicine and other violations of the Veterinary Licensing Act, a rule adopted by the board, or another statute relating to the practice of veterinary medicine by a person who is not licensed by the board in accordance with Chapter 801 of the Veterinary Licensing Act.

(b) Form of Complaint. Notwithstanding §575.27 of this title (relating to Complaints-Receipt) to the contrary, a complaint of someone practicing veterinary medicine without a license does not have to be submitted on a complaint form utilized by the Board. However, a complainant must submit some form of written documentation to the Board.

(1) Upon the Board's receipt of a complaint and after a determination that a respondent may have engaged in the unlicensed practice of veterinary medicine, a staff committee as defined in §575.27 of this title may propose an agreed cease and desist order ("the order") to be presented to the respondent.

(2) If the respondent signs the order, it shall be effective and enforceable against the respondent upon receipt by the Board, but it shall not become final until approved by the Board.

(d) Informal Conference.

(1) If the Respondent chooses not to sign the order and requests a conference, or if the respondent does not respond after receipt of the order, the complaint shall be referred to an informal conference as defined by §575.27 of this title. If the conference committee determines that a violation of the Veterinary Licensing Act has occurred, it may propose an agreed cease and desist order with such settlement terms as it considers appropriate.

(2) If the respondent declines to sign the order, the Board may refer the complaint and investigative file to the State Office of Administrative Hearings for a contested case proceeding. Following the proceeding and issuance of a proposal for decision by the administrative law judge, the Board may take such action as appropriate.

§575.50.Criminal Convictions.

(a) In a process under Chapter 53, Occupations Code, the Board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a veterinarian. This subsection applies to persons who are not imprisoned at the time the Board considers the conviction.

(b) The Board shall revoke a license upon the imprisonment of a licensee following a felony conviction or revocation or felony community supervision, parole, or mandatory supervision. A person currently incarcerated because of a felony conviction may not sit for license examination, obtain a license under the Veterinary Licensing Act, Occupations Code, Chapter 801, or renew a previously issued license to practice veterinary medicine.

(c) The Board shall, in determining whether a criminal conviction directly relates to the duties and responsibilities of a veterinarian, consider the factors listed in the Occupations Code, §53.022.

(d) In determining the present fitness to perform the duties and discharge the responsibilities of a veterinarian who has been convicted of a crime, the Board shall consider, in addition to the factors referenced in subsection (c) of this section, the factors listed in the Occupations Code, §53.023.

(e) The practice of veterinary medicine places the veterinarian in a position of public trust. A veterinarian practices in an autonomous role in the treating and safekeeping of animals; prescribing, administering and safely storing controlled substances; preparing and safeguarding confidential records and information; and accepting client funds. The following crimes relate to the practice of veterinary medicine. The commission of each indicates a violation of the public trust, and a lack of integrity and respect for one's fellow human beings and the community at large.

(1) any felony or misdemeanor conviction of which fraud, dishonesty or deceit is an essential element;

(2) any criminal violation of the Veterinary Licensing Act, or other statutes regulating or pertaining to the practice or profession of veterinary medicine;

(3) any criminal violation of statutes regulating other professions in the healing arts;

(4) deceptive business practices;

(5) a misdemeanor or felony offense involving:

(A) murder;

(B) assault;

(D) robbery;

(E) theft;

(F) sexual assault;

(G) injury to a child or to an elderly person;

(H) child abuse or neglect;

(I) tampering with a government record;

(J) animal cruelty;

(K) forgery;

(L) perjury;

(M) bribery;

(N) mail fraud;

(O) diversion or abuse of controlled substances, dangerous drug, or narcotic; or

(P) other misdemeanors or felonies, including violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency of the person to be unable to perform as a licensee or to be unfit for licensure, if action by the Board will promote the intent of the Veterinary Licensing Act, Board rules, including this chapter, and the Occupations Code, Chapter 53.

(f) Notwithstanding the provisions of subsections (a) - (e) of this section, the Board shall suspend or revoke a veterinarian's license in accordance with the Occupations Code.

§575.60.Alternative Dispute Resolution.

(a) The board's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include any procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure used to resolve disputes before the board shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.

(b) The board's general counsel or their designee shall be the board's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:

(1) coordinate the implementation of the policy set out in subsection (a) of this section;

(2) serve as a resource for any staff training or education needed to implement the ADR procedures; and

(3) collect data to evaluate the effectiveness of ADR procedures implemented by the board.

(c) The board, a committee of the board, a respondent in a disciplinary matter pending before the board, the executive director, or a board employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the board will participate in ADR or proceed with the board's normal disciplinary processes.

(d) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.

(e) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.

(f) If the ADR process does not result in an agreement, the matter shall be referred to the board for other appropriate disposition.

§575.62.Negotiated Rulemaking.

(a) Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Administrative Procedures Act.

(b) The board's policy is to encourage the use of negotiated rulemaking for the adoption of board rules in appropriate situations.

(c) The board's general counsel or their designee shall be the board's negotiated rulemaking coordinator (NRC). The NRC shall perform the following functions, as required:

(1) coordinate the implementation of the policy set out in subsection (a) of this section, and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;

(2) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and,

(3) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the board.

(d) The board, its rules committee, or the executive director may direct the NRC to begin negotiated rulemaking procedures on a specified subject.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801464

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563

22 TAC §§575.7, 575.30 - 575.32

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Veterinary Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§575.7.Costs of Appeal.

§575.30.Criminal Convictions.

§575.31.Alternative Dispute Resolution (ADR).

§575.32.Negotiated Rulemaking.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2008.

TRD-200801465

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: April 27, 2008

For further information, please call: (512) 305-7563