(a) The Board may request an applicant or respondent to schedule an investigative conference to discuss a pending license application or the allegations of a pending complaint.
(b) The applicant or respondent may choose to have the investigative conference:
(1) in person at the Board's office in Austin, Texas;
(2) by telephone;
(3) by video conference; or
(4) in writing.
(c) An applicant or respondent may, but is not required to, have an attorney or other advocate present at an investigative conference.
(d) An applicant or respondent will be provided with a Statement of Investigative Conference Procedures and Rights (IC Form) not later than three days before the date of the investigative conference. The applicant or respondent and the applicant's or respondent's attorney, if any, must acknowledge receipt of the IC Form by signing it and delivering it to the Board at the beginning of the investigative conference.
(e) The Board will provide a copy of the investigative report to the applicant or respondent and the applicant's or respondent's representative(s), if any, not later than three days before the date of the investigative conference if the applicant or respondent and the applicant's or respondent's representative(s):
(1) Submit a written request for a copy of the investigative report not later than five days before the date of the investigative conference; and
(2) Sign the Board's confidentiality agreement prohibiting the re-release of the investigative report, without written permission of the Board or a court order, to anyone other than the:
(f) Participation in an investigative conference is not mandatory and may be terminated at any time by any person.
(g) Recording Investigative Conferences. Any person may record an investigative conference by providing the notice required in this section.
(1) Notice Required.
(2) Audio Recordings. A person who chooses to make an audio recording of an investigative conference must provide:
(3) Recording by Court Reporter. A person who chooses to have a court reporter record an investigative conference does so at the person's own expense and must:
(h) At the conclusion of the investigative conference, the Board staff may propose a settlement offer that can include administrative penalties and any other disciplinary action authorized by the Act or recommend that the complaint be dismissed.
(i) The respondent may accept, reject, or make a counter offer to the proposed settlement not later than ten (10) days following the date of the investigative conference.
(j) If the parties cannot reach a settlement not later than ten (10) days following the date of the investigative conference, the matter will be referred to the Director of TALCB or his or her designee to pursue appropriate action.
(k) In this section, the term "person" includes:
(1) an applicant for a license or registration;
(2) a respondent to a complaint; and
(3) the Board.
Source Note: The provisions of this §157.31 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective January 1, 2016, 40 TexReg 8898; amended to be effective June 7, 2020, 45 TexReg 3772; amended to be effective May 26, 2022, 47 TexReg 3049