The board must adopt informal-proceeding rules, give notice and hearing opportunities, keep a recording on request, and provide the recording to the license holder on request.
Sec. 565.056. INFORMAL PROCEEDINGS. (a) The board by rule shall adopt a procedure governing: (1) informal disposition of a contested case under Chapter 2001, Government Code; and (2) an informal proceeding held in compliance with Chapter 2001, Government Code. (b) A rule adopted under this section must: (1) provide the complainant, if applicable and permitted by law, and the license holder an opportunity to be heard; (2) require the presence of an attorney to advise the board or a board employee; and (3) if an informal meeting will be held, require notice of the time and place of the informal meeting to be given to the license holder not later than the 45th day before the date the informal meeting is held. (c) The attorney must be a member of the board's legal staff, if the board has a legal staff. If the board does not have a legal staff, the attorney must be an employee of the office of the attorney general. (d) The notice required by Subsection (b)(3) must be accompanied by a written statement of the nature of the allegations against the license holder and the information the board intends to use at the informal meeting. If the board does not provide the statement or information when the notice is provided, the license holder may use that failure as grounds for rescheduling the informal meeting. The license holder must provide to the board the license holder's rebuttal not later than the 15th day before the date of the meeting in order for that information to be considered at the meeting. (e) On request by a license holder under review, the board shall make a recording of the informal meeting. The recording is a part of the investigative file and may not be released to a third party unless authorized under this subtitle. The board may charge the license holder a fee to cover the cost of recording the meeting. The board shall provide a copy of the recording to the license holder on the license holder's request. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 522 (S.B. 404), Sec. 3, eff. September 1, 2013.