22 Tex. Admin. Code § 311.2 - Procedures Regarding Complaints Filed against Board Members
(a) The following procedures are applicable
with regard to complaints against a board member, if the complaint alleges
violations of the laws and rules governing the practice of pharmacy.
(1) The complaint shall be reviewed by the
executive director, who may refer the complaint to the appropriate board staff
for handling, or if deemed necessary, the executive director may refer the
complaint to another agency.
(2) If
the complaint is investigated and the investigation produces evidence of a
violation of the laws or rules regarding the practice of pharmacy, the board
staff shall determine if the complaint merits the institution of disciplinary
action. This decision shall be made in consultation with one board member who
shall be a pharmacist, but who shall not be the subject of the complaint; the
board member shall be the president of the board, unless such person is unable
to serve because he or she does not meet the criteria of this paragraph or for
some other valid reason. If the president is unable to serve, the order of
succession shall be vice-president, then treasurer. If none of the pharmacist
officers are able to serve, then the board president or designee shall
designate another pharmacist board member to serve.
(b) If after consultation with the board
member described in subsection (a)(2) of this section, the determination is
made that the complaint merits the institution of disciplinary action, the
following is applicable.
(1) The complaint
shall be directed to the assistant attorney general assigned to the board. The
Office of the Attorney General should then assign an assistant attorney general
to prosecute the complaint in accordance with board rules.
(2) The board's legal counsel shall act as a
liaison between the board's staff and the attorney general's office. The
board's legal counsel shall ensure that the board's staff provides any
information or assistance requested by the attorney general's office.
(3) The board member shall be sent a
preliminary notice letter and offered the opportunity to attend an informal
conference for the purpose of settling the matter through an informal
conference.
(c) If the
board member accepts the opportunity to attend an informal conference, the
conference participants shall be as follows:
(1) the assistant attorney general assigned
to the case, who shall conduct the informal conference;
(2) the board member who is the subject of
the complaint and/or his or her legal counsel;
(3) board staff, as necessary or required;
and
(4) one board member, who shall
be the same person who was initially consulted about the complaint, as
described in subsection (a)(2) of this section, provided, however, if that
board member is unable to serve for some valid reason, the board member that
shall attend the informal conference shall be a pharmacist, but who shall not
be the subject of the complaint; the board member designated to attend the
informal conference shall be the president of the board, unless such person is
unable to serve because he or she does not meet the criteria of this paragraph
or for some other valid reason. If the president is unable to serve, the order
of succession shall be vice-president, then treasurer. If none of the
pharmacist officers are able to serve, then the board president or designee
shall designate another pharmacist board member to attend the informal
conference.
(d) The case
shall proceed to hearing, if the board member who is the subject of the
complaint waives his or her right to attend an informal conference, or if after
an informal conference is conducted, the case is not dismissed or the board
member does not accept the recommendation for settlement.
(e) If the case proceeds to hearing, the
following procedures are applicable:
(1) the
assistant attorney general assigned to the case shall prosecute the hearing
with the hearings officer presiding;
(2) the hearings officer shall then draft an
officer's report which discusses the evidence and contains proposed findings of
fact and conclusions of law. The hearings officer shall, as authorized by law,
recommend a sanction if he or she determines one is necessary; and
(3) at the next scheduled board meeting,
after the hearing officer has issued a proposal and all parties have accepted
and replied, the following is applicable.
(A)
The board, absent the board member who is the subject of the complaint, shall
vote to:
(i) accept or reject each proposed
finding of fact and conclusion of law; and
(ii) accept or reject the recommended
sanction, if applicable.
(B) If the board rejects the recommended
sanction, the board shall then vote on the sanction they deem
appropriate.
(C) If the board
determines that additional evidence is needed, they can vote to remand the case
for further hearing, as provided by law.
(f) For the purposes of this section, a board
member is defined as any individual who is serving on the board on the date of
the receipt of the complaint, or any individual who has previously served on
the board, if the complaint is filed within two years from the date the board
member's official duties ended.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.