Section 157.31 - Investigative Conference(a) The Board may request an applicant or respondent to schedule an investigative conference to discuss a pending license application or the allegations of a pending complaint.(b) The applicant or respondent may choose to have the investigative conference: (1) in person at the Board's office in Austin, Texas;(3) by video conference; or(c) An applicant or respondent may, but is not required to, have an attorney or other advocate present at an investigative conference.(d) An applicant or respondent will be provided with a Statement of Investigative Conference Procedures and Rights (IC Form) not later than three days before the date of the investigative conference. The applicant or respondent and the applicant's or respondent's attorney, if any, must acknowledge receipt of the IC Form by signing it and delivering it to the Board at the beginning of the investigative conference.(e) The Board will provide a copy of the investigative report to the applicant or respondent and the applicant's or respondent's representative(s), if any, not later than three days before the date of the investigative conference if the applicant or respondent and the applicant's or respondent's representative(s): (1) Submit a written request for a copy of the investigative report not later than five days before the date of the investigative conference; and(2) Sign the Board's confidentiality agreement prohibiting the re-release of the investigative report, without written permission of the Board or a court order, to anyone other than the:(C) applicant's or respondent's supervisory appraiser, if any;(D) applicant's or respondent's legal representative(s); or(E) an expert witness for the applicant or respondent.(f) Participation in an investigative conference is not mandatory and may be terminated at any time by any person.(g) Recording Investigative Conferences. Any person may record an investigative conference by providing the notice required in this section.(1) Notice Required.(A) A person choosing to record an investigative conference must provide written notice to the other person(s) participating in the investigative conference three days before the date of the conference.(B) The notice must state how the person intends to record the investigative conference.(C) For purposes of this section, the term "written notice" includes a letter or e-mail.(2) Audio Recordings. A person who chooses to make an audio recording of an investigative conference must provide: (A) the recording equipment; and(B) if requested by another person during or after the investigative conference, a copy of the audio recording at the recording person's expense within seven days after the date of the request.(3) Recording by Court Reporter. A person who chooses to have a court reporter record an investigative conference does so at the person's own expense and must: (A) allow any person who participates in the investigative conference to make corrections to the court reporter's transcript; and(B) provide an electronic copy of the final transcript to all persons who participate in the investigative conference at the recording person's expense within seven days after the transcript is final.(h) At the conclusion of the investigative conference, the Board staff may propose a settlement offer that can include administrative penalties and any other disciplinary action authorized by the Act or recommend that the complaint be dismissed.(i) The respondent may accept, reject, or make a counter offer to the proposed settlement not later than ten (10) days following the date of the investigative conference.(j) If the parties cannot reach a settlement not later than ten (10) days following the date of the investigative conference, the matter will be referred to the Director of TALCB or his or her designee to pursue appropriate action.(k) In this section, the term "person" includes:(1) an applicant for a license or registration;(2) a respondent to a complaint; and22 Tex. Admin. Code § 157.31
The provisions of this §157.31 adopted to be effective September 11, 2013, 38 TexReg 5877; amended by Texas Register, Volume 39, Number 50, December 12, 2014, TexReg 9668, eff. 12/14/2014; Amended by Texas Register, Volume 40, Number 50, December 11, 2015, TexReg 8898, eff. 1/1/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3772, eff. 6/7/2020; Amended by Texas Register, Volume 47, Number 20, May 20, 2022, TexReg 3049, eff. 5/26/2022