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RULE §7.2Division of Responsibilities

(a) It is the Board's policy to maintain separation between the policymaking responsibilities of the Board and the management responsibilities of the executive director and the staff of the Board.

(b) The Board has the duty to exercise the legal authority delegated to it by the Legislature. The Board's responsibilities are:

  (1) the adoption of rules interpreting and implementing the Board's enabling legislation and other statutes that vests legislative authority in the Board;

  (2) disciplining Registrants according to statute;

  (3) imposing administrative penalties on unregistered persons pursuant to law;

  (4) bringing an action to enjoin a violation of the laws and rules enforced by the Board or to enforce a subpoena issued by the executive director;

  (5) addressing issues that relate to regulation of the professions under the Board's jurisdiction;

  (6) employing an executive director, evaluating the performance of the executive director, and setting a job description and compensation for the executive director; and

  (7) such other responsibilities stipulated by law.

(c) The executive director is responsible for carrying out the business of the Board and the ministerial functions in implementing and enforcing the law. The responsibilities of the executive director are:

  (1) employing, directing, evaluating the performance of, and setting compensation for the staff;

  (2) directing the administrative functions in regulating the professions under the Board's jurisdiction, including the processing of applications for registration by the Board, monitoring of continuing education of Registrants, investigating alleged violations of the law enforced by the Board, recommending enforcement action to the Board, receiving and accounting for administrative fees and penalties, and all other management responsibilities;

  (3) issuing subpoenas to compel the production of information relevant to the investigation of an alleged violation of the laws enforced by the Board;

  (4) contracting for services and materials necessary to fulfill the requirements of the law as implemented by the Board;

  (5) providing administrative support and information to the Board as required for the Board to fulfill its policymaking responsibilities;

  (6) such other responsibilities that are necessary to fulfill duties delegated by the Board or the Chairman; and

  (7) such other responsibilities stipulated by law.

Source Note: The provisions of this §7.2 adopted to be effective November 21, 2004, 29 TexReg 10509

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