Section 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 commission's notice.(b) Contested case settlement negotiations may be in person, by phone, or through written communication, at the commission's discretion, as necessary to resolve issues related to a particular contested case.(c) Contested case settlement may incorporate any combination 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 respondent at the time the respondent or respondent's authorized agent signs the settlement agreement, and upon the commission when approved 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 sanction or combination of sanction, or through a contested case hearing.4 Tex. Admin. Code § 47.9
The provisions of this §47.9 adopted to be effective February 4, 2014, 39 TexReg 486