(a) An applicant who has either requested to appear before the licensure  committee of the board or has elected to be referred to the licensure  committee of the board due to a determination of ineligibility by the  Executive Director in accordance with §163.4 of this title  (relating to Procedural Rules for Licensure Applicants), in lieu of  withdrawing the application for licensure, may be subject to a  Disciplinary Licensure Investigation.     
      (b) "Disciplinary Licensure Investigation" means an applicant's  licensure file that has been referred to the licensure committee for  review.     
      (c) Determination by a Committee of the Board. Upon review of  Disciplinary Licensure Investigation, a committee of the board may  determine that the applicant is ineligible for licensure or is  eligible for licensure with or without conditions or restrictions,  eligible for licensure under a remedial plan, or defer its decision  pending further information.      
        (1) An applicant subject to a Disciplinary Licensure Investigation who  withdraws their request to appear before a committee of the board  shall have such withdrawal submitted to the full board for  ratification.       
        (2) An applicant, who fails to appear before the committee of the board,  shall be deemed a withdrawal, and such withdrawal shall be submitted  to the full board for ratification.       
        (3) Licensure with Terms and Conditions.                  (A) If the committee determines that the applicant should be granted a  license under certain terms and conditions, based on the applicant's  commission of a prohibited act or failure to demonstrate compliance  with provisions under the Act or board rules, the committee, as the  board's representatives, shall propose an agreed order or a remedial  plan. The terms and conditions of the proposed agreed order or  remedial plan shall be submitted to the board for approval.                   (B) Upon an affirmative majority vote of members present, the board may  approve the agreed order or remedial plan as proposed by the  committee or with modifications, and direct staff to present the  agreed order or remedial plan to the applicant.                      (i) If the applicant agrees to the terms of the proposed agreed order or  remedial plan, the applicant may be licensed upon the signing of the  order or remedial plan by the applicant and the president of the  board or the president's designee, and passage of the medical  jurisprudence examination, if applicable.                       (ii) If the applicant does not agree to the terms of the proposed agreed  order or remedial plan within 20 days of receipt of the offer, the  applicant shall be deemed ineligible for licensure by the board.                     (C) If the board does not approve the proposed agreed order or remedial  plan and by majority vote determines the applicant ineligible for  licensure, the applicant shall be so informed. The board must specify  their rationale for the rejection of the proposed agreed order or  remedial plan that shall be referenced in the minutes of the board.         
        (4) Ineligibility Determination.                  (A) If a committee of the board or the full board determines that an  applicant is ineligible for licensure, including deemed ineligibility  due to the applicant's failure to agree to the terms of the board's  proposed agreed order or remedial plan, the applicant shall be  notified of the committee's determination and given the option to:                      (i) appeal the determination of ineligibility to the State Office of  Administrative Hearings (SOAH); or                       (ii) accept the determination of ineligibility.                     (B) An applicant has 20 days from the date the applicant receives notice  of the board's determination of ineligibility to submit a written  response to the board electing one of the two options listed in  subparagraph (A)(i) - (ii) of this paragraph. Applicant's failure to  respond to the board's notice of a determination of ineligibility  within 20 days shall be deemed acceptance by applicant of the board's  ineligibility determination.                   (C) If the applicant timely notifies the board of applicant's intent to  appeal the board's ineligibility determination to SOAH, a contested  case before SOAH will be initiated only in accordance with §187.24  of this title (relating to Pleadings). Applicant shall comply with  all other provisions relating to formal proceedings as set out in  Subchapter C of this chapter (relating to Formal Board Proceedings at  SOAH).                   (D) An application for licensure shall not expire while the application  is the subject of a contested case, however, applicants shall be  required to update any information that is a part of their  applications.                   (E) If the applicant does not timely take action as required in  subparagraphs (A) and (B) of this paragraph or, prior to the  initiation of a contested case at SOAH, withdraws their intent to  appeal the board's ineligibility determination to SOAH, the  committee's determination of ineligibility shall be deemed acceptance  by applicant of the board's ineligibility determination.         
     Source Note:        The provisions of this §187.13 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective April 27, 2003, 28 TexReg 3326; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective May 13, 2012, 37 TexReg 3409; amended to be effective August 3, 2014, 39 TexReg 5749; amended to be effective July 9, 2015, 40 TexReg 4354