Texas § OC.1301.303 - COMPLAINTS

§ OC.1301.303. COMPLAINTS

COMPLAINTS. (a) The board may investigate an alleged violation of this chapter by a person who: (1) is licensed under this chapter; (2) is the owner of a plumbing company subject to this chapter; or (3) performs plumbing without holding a license under this chapter. (b) The board shall maintain a file on each written complaint filed with the board. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the agency; (3) the subject matter of the complaint; (4) the name of any municipality and the county in which the conduct that is the subject of the complaint occurred; (5) the name of each person contacted in relation to the complaint; (6) a summary of the results of the review or investigation of the complaint; and (7) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint. (c) The agency shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the agency's policies and procedures relating to complaint investigation and resolution. (d) The board, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. (e) The board by rule shall assign priorities and prescribe investigative procedures for investigations of complaints based on: (1) the severity of the conduct alleged in the complaint; (2) the degree of harm to public health, safety, or property; (3) the history of previous violations of this chapter by the person who is the subject of the complaint; and (4) any other indication of increased risk to public health, safety, or property, as determined by the board. (f) The board shall maintain information about complaints, including source, type, and geographical area, to identify and address regulatory problem areas and focus enforcement in those areas. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 15, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B. 2062 ), Sec. 4, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636 ), Sec. 10, eff. May 26, 2021.