(a) On receipt of a complaint under this subchapter, if the executive secretary determines that a violation has occurred, the executive secretary may, in the executive secretary's sole discretion:
  (1) issue a preliminary report to the licensee assessing an administrative penalty;
  (2) order a hearing be held to suspend or revoke the licensee's license based on the alleged violation; or
  (3) take other action that the executive secretary considers necessary.
(b) A hearing held under this section shall be conducted in accordance with Chapter 307 of this title (relating to Practice and Procedure).
(c) At a hearing under this section, the person filing the complaint may be designated a nonparty participant, but may not be designated a party.

Source Note: The provisions of this §323.4 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 2, 1992, 16 TexReg 7485; amended to be effective January 1, 2002, 26 TexReg 10534