Texas § OC.1151.204 - DISMISSAL OF COMPLAINTS

§ OC.1151.204. DISMISSAL OF COMPLAINTS

DISMISSAL OF COMPLAINTS. (a) After investigation, the department may dismiss a complaint, in part or entirely, without conducting a hearing if the complaint does not credibly allege a violation of this chapter or the standards established by the commission for registrants under this chapter. (b) After investigation, the department shall dismiss a complaint, in part or entirely, without conducting a hearing if: (1) the complaint challenges: (A) the imposition of or failure to waive penalties or interest under Sections 33.01 and 33.011 , Tax Code; (B) the appraised value of a property; (C) the appraisal methodology; (D) the grant or denial of an exemption from taxation; or (E) any matter for which Title 1, Tax Code, specifies a remedy, including an action that a property owner is entitled to protest before an appraisal review board under Section 41.41 (a), Tax Code; and (2) the subject matter of the complaint has not been finally resolved in the complainant's favor by an appraisal review board, a governing body, an arbitrator, a court, or the State Office of Administrative Hearings under Section 2003.901 , Government Code. (c) This section does not apply to: (1) a matter referred to the department by the comptroller under Section 5.102 , Tax Code, or a successor statute; (2) a complaint concerning a registrant's failure to comply with the registration and certification requirements of this chapter; or (3) a complaint concerning a newly appointed chief appraiser's failure to complete the training program described by Section 1151.164 . Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 450 (H.B. 2447 ), Sec. 32, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 748 (S.B. 464 ), Sec. 1, eff. June 14, 2013.