Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,769
6747-6996 p. ; 28 cm.View a full description of this periodical.
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(b) Suspension of an authorized veterinarian's accreditation by
Veterinary Services will result in suspension or revocation of autho-
rized personnel status.
(c) Suspension or revocation of authorized personnel status
may be made upon a determination that one or more of the following
violations have occurred:
(1) submitting false samples;
(2) collecting a sample in an manner that contravenes a
commission rule;
(3) failing to report test results;
(4) distributing vaccine to persons or entities not autho-
rized by the commission;
(5) using out of date vaccine;
(6) failing to identify animals as required by commission
rule;
(7) failing to submit official documents within the time pre-
scribed by a commission or USDA rule;
(8) falsely reporting that animals have been vaccinated or
tested;
(9) submitting samples that are adulterated or that have in-
sufficient quantity to conduct confirmation testing;
(10) falsifying official documents;
(11) performing work in a commission disease control or
eradication program for which the person is not authorized to perform
program activities;
(12) failing to maintain official documents as required by
commission rule;
(13) failing to pay an obligation owed to the commission;
(14) submitting false reimbursement claims for testing or
vaccinating;
(15) failing to comply with the "Standards for Authorized
Personnel" as set forth in 47.4 of this subchapter;
(16) failing to comply with a rule promulgated under this
chapter relating to standards for authorized personnel; or
(17) violating a rule of the commission.
47.7. Procedure for Suspension or Revocation.
(a) Upon completion of the investigation of an alleged viola-
tion, the commission shall notify the authorized person by certified mail
of the facts or conduct alleged that may warrant commission action re-
garding the person's authorized personnel status and invite the autho-
rized person to an informal conference.
(b) An authorized person shall have 20 days from the date of
receipt of the notice to respond to the commission or waive his or her
attendance at the informal conference. If an authorized person fails
to respond to the commission's notice an informal conference will be
scheduled. The authorized person must receive notice of the confer-
ence at least seven days prior to the conference. The conference will
be held at the Texas Animal Health Commission office in Austin.
(c) At the conclusion of the informal conference, the Execu-
tive Director shall determine whether a violation occurred and take ap-
propriate action. Such action may include no action, warning, suspen-
sion, or revocation. The Executive Director shall notify the authorized
person by certified mail of his or her decision within 15 days after the
informal conference.(d) If the Executive Director determines that a violation has
occurred and that disciplinary action and/or a penalty is warranted, the
Executive Director will advise the licensee of the alleged violations
and offer the person a settlement in the form of an agreed order that
specifies the disciplinary action and/or penalty. A suspension may be
in effect for a period of up to one year. An order of suspension shall
identify specific conditions or prohibitions relative to the suspension.
A revocation may be in effect for a period of up to two years.
(e) An authorized person shall have 20 days from the date of
the receipt of the decision to submit a written response accepting the
settlement offer or requesting a hearing. The administrative hearing for
the appeal will be held in Austin, pursuant to Chapter 32 of this title
(relating to Hearing and Appeal Procedures).
(f) If the authorized person accepts the settlement offer by
signing the agreed order, the agreed order will be docketed for com-
mission action at the next regularly scheduled commission meeting.
(g) The Executive Director may, upon written notice and pend-
ing final determination by the commission, summarily suspend a per-
son's authorized personnel status when it is deemed necessary to pro-
tect the safety, health, and interest of the public. The Executive Direc-
tor shall hold an informal conference within 14 days of the date of the
suspension to determine if formal action should be initiated against the
authorized person. The authorized person must receive notice of the
conference at least 72 hours prior to the conference.
47.8. Restoration ofAuthorized Personnel Status.
(a) Authorized personnel status will be automatically restored
after a period of suspension contingent upon the person complying with
all conditions or prohibitions relative to the suspension.
(b) Application for authorized status may be made at the expi-
ration of a period of revocation. The applicant must meet all prerequi-
sites for initial authorization.
47.9. Settlement of Contested Case.
(a) A contested case settlement is an agreement between the
commission and the respondent in a contested case which provides for
a resolution different from the sanction originally proposed in the com-
mission's notice.
(b) Contested case settlement negotiations may be in person,
by phone, or through written communication, at the commission's dis-
cretion, as necessary to resolve issues related to a particular contested
case.
(c) Contested case settlement may incorporate any combina-
tion of authorized sanctions, additional training, or remedial actions as
an alternative to the originally proposed sanction.
(d) All contested case settlements are subject to approval by
the Executive Director and the commission. The Executive Director
and the commission shall state in writing the reasons for rejecting a
proposed settlement.
(e) A contested case settlement is final and binding upon a re-
spondent at the time the respondent or respondent's authorized agent
signs the settlement agreement, and upon the commission when ap-
proved by the commission through a signed order.
(f) If a contested case settlement is rejected by the Executive
Director or the commission, the contested case will be resolved through
additional settlement negotiations consistent with the reasons for the
rejection, by stipulation to the commission's originally proposed sanc-
tion or combination of sanction, or through a contested case hearing.PROPOSED RULES October 4, 2013 38 TexReg 6769
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/23/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.