Current through Reg. 49, No. 38; September 20, 2024
(a) Following
the acceptance and execution by the licensee or applicant of the settlement
agreement, the agreement shall be submitted to the board for
approval.
(b) The following relate
to the consideration of an agreed disposition by the board:
(1) Upon an affirmative majority vote of
members present to approve an agreed order or remedial plan, the president of
the board or of the officer presiding at such meeting shall sign and enter the
agreed order or remedial plan and the action shall be referenced in the minutes
of the board.
(2) If the board does
not approve a proposed settlement agreement, the licensee or applicant shall be
so informed and the matter shall be referred to board staff for appropriate
action that may include dismissal, closure, further negotiation, further
investigation, an additional informal resolution conference or a SOAH hearing.
In determining the appropriate further action to be taken, the board shall
consider previous attempts to resolve the matter. The board must specify their
rationale for the rejection of the proposed settlement agreement that shall be
referenced in the minutes of the board.
(3) The board may approve the proposed agreed
order or remedial plan with specified modifications, which shall be referenced
in the minutes of the board. The revised proposed agreed order or remedial plan
shall be presented to the licensee for acceptance within the time period
prescribed. Upon acceptance, the president of the board or the officer
presiding at the meeting shall sign and enter the agreed order or remedial
plan.
(c) To promote the
expeditious resolution of any complaint or matter relating to the Act or of any
contested case, with the approval of the executive director or a member of the
Executive Committee or the Disciplinary Process Review Committee, board staff
may present a proposed settlement agreement for licensees to the board for
consideration and acceptance without conducting an informal show compliance
proceeding.
