Texas Occupations Code 1951.504 – Settlement of Contested Cases
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(a) A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner.
(b) The department by rule shall establish guidelines for the settlement of a contested case under Chapter 2001, Government Code.
Terms Used In Texas Occupations Code 1951.504
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) The commissioner may authorize the department to conduct informal settlement negotiations between the department and a license holder to resolve a complaint, other than a complaint involving a misapplication, by a consumer against the license holder.
(d) An informal settlement reached under Subsection (c):
(1) may not require the license holder to:
(A) refund money to the consumer in an amount greater than the amount provided under the original contract for services by the license holder; or
(B) perform any services that the license holder did not agree to perform in the original contract; and
(2) does not release the license holder from any liability for a misapplication.
(e) The department by rule shall establish guidelines for the informal settlement of consumer complaints as provided by Subsections (c) and (d).