Section 367.16 - Complaint Review(a) The staff shall pursue expeditious resolution of complaints by voluntary agreed settlement, whenever appropriate.(b) The staff may close a complaint if it concludes:(1) the Board lacks jurisdiction over the complaint;(2) no violation of the PLL, Board Rules or a Board order has occurred;(3) there is insufficient evidence of a violation; or(4) the respondent has voluntarily come into compliance with the PLL, Board Rules, or Board order.(c) The staff may close a complaint and issue a warning if:(1) it concludes that a violation may have occurred;(2) the respondent has not received any prior warnings; and(3) the respondent has not committed a previous violation of the PLL, Board Rules or Board orders.(d) If staff determines that a violation of the PLL, Board Rules or a Board order has occurred, it may recommend: (1) issuing a Cease and Desist Order pursuant to §1301.5045 of the PLL;(2) imposing an administrative penalty pursuant to Subchapter N of the PLL;(3) suspending, revoking or refusing to renew the respondent's license, endorsement or registration pursuant to §1301.451 and §1301.452 of the PLL;(4) reprimanding the respondent pursuant to §1301.451 and §1301.452 of the PLL; or(5) pursuing any other disciplinary action allowed under the Plumbing License Law and Board Rules that justice may require.(e) The staff may offer an informal conference to a respondent, in accordance with the requirements of the Administrative Procedure Act, if it will assist the staff with determining: (1) whether a violation occurred;(2) the seriousness or the effect of a violation;(3) the most appropriate disciplinary action;(4) whether to offer a settlement agreement; or(5) the amount of restitution to be paid by a respondent pursuant to §1301.5071 of the Plumbing License Law, instead of, or in addition to other disciplinary actions.22 Tex. Admin. Code § 367.16
Adopted by Texas Register, Volume 43, Number 34, August 24, 2018, TexReg 5531, eff. 8/29/2018; Amended by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0684, eff. 2/16/2023