9 CFR § 162.12 - Informal conference.

§ 162.12 Informal conference.

(a) The Veterinary Official, in consultation with the State Animal Health Official and the accredited veterinarian, shall designate the time and place for the holding of an informal conference to review the matter, unless the Veterinary Official determines that an informal conference is inappropriate. An informal conference is inappropriate only if the Veterinary Official decides to dismiss the case based on available facts, or if civil or criminal charges based on the actions or inactions believed to be in violation of the “Standards for Accredited Veterinarian Duties” contained in § 161.4 of this subchapter are pending against the accredited veterinarian. An informal conference shall include the Veterinary Official or his or her representative, the accredited veterinarian, and any other persons the Veterinary Official requests to attend due to their involvement in or knowledge of the possible violation. The State Animal Health Official will be invited to attend each informal conference held regarding activities in his or her State.

(b) If prior to, during, or after the informal conference, but prior to the issuance of a formal complaint, the accredited veterinarian is found not to have violated the regulations, the Veterinary Official will issue a letter dismissing the case, and provide a copy of the letter to the accredited veterinarian and to the State Animal Health Official. Prior to, during, or after the informal conference, the Veterinary Official may issue a letter identifying actions of the accredited veterinarian that were minor violations of the Standards, instructing the accredited veterinarian in proper procedures, and admonishing the accredited veterinarian to use greater care in performing these procedures in the future.

(c) Prior to, during, or at the conclusion of the informal conference, the Veterinary Official may issue a written warning to the accredited veterinarian without further procedure after determining that a warning with appropriate instructions will be adequate to attain compliance with the Standards.

(d) If prior to, during, or at the conclusion of, the informal conference, the accredited veterinarian consents, in writing, to the issuance of an order revoking or suspending his or her accreditation for a specified period of time, in lieu of further procedure, the Veterinary Official may issue such a consent order without further procedure.

[57 FR 54915, Nov. 23, 1992; 57 FR 60086, Dec. 18, 1992, as amended at 74 FR 65013, Dec. 9, 2009; 75 FR 57659, Sept. 22, 2010; 85 FR 10565, Feb. 25, 2020]