Texas § OC.255.006 - GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION

§ OC.255.006. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION

GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a) A complaint received under this chapter must be filed with and reviewed by the board to determine jurisdiction. If the board has jurisdiction, the board shall complete a preliminary investigation of the complaint not later than the 60th day after the date of receiving the complaint. The board shall first determine whether the person regulated under this subtitle who is the subject of the complaint constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the board shall determine whether to officially proceed on the complaint. If the board fails to complete the preliminary investigation in the time required by this subsection, the board's official investigation of the complaint is considered to commence on that date. (b) The board may not consider a complaint that is filed with the board after the fourth anniversary of the date: (1) the act that is the basis of the complaint occurred; or (2) the complainant discovered, or in the exercise of reasonable diligence should have discovered, the occurrence of the act that is the basis of the complaint. (c) The board by rule shall: (1) adopt a form to standardize information concerning complaints filed with the board; and (2) prescribe information to be provided to a person when the person files a complaint with the board. (d) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must: (1) distinguish between categories of complaints; (2) ensure that a complaint is not dismissed without appropriate consideration; (3) require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint; (4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; (5) require that investigators used by the board be state employees; and (6) establish procedures by which a board employee may dismiss a complaint if the investigation does not reveal a violation. (d-1) Procedures established under Subsection (d)(6) must: (1) ensure that the decision to dismiss a complaint is made with the appropriate level of review and necessary expertise and experience; and (2) require the dismissal of a complaint to be reported to the board at a public meeting of the board. (d-2) Repealed by Acts 2005, 79th Leg., Ch. 810, Sec. 10, eff. September 1, 2005. (e) The board shall: (1) dispose of each complaint in a timely manner; and (2) establish a schedule for conducting each phase of a complaint that is under the control of the board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 17, Sec. 12, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 810 (S.B. 610 ), Sec. 2, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 810 (S.B. 610 ), Sec. 10, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201 ), Sec. 5, eff. January 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313 ), Sec. 8, eff. September 1, 2017.