Texas § OC.651.202 - COMPLAINTS

§ OC.651.202. COMPLAINTS

COMPLAINTS. (a) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. The commission may provide for that notice: (1) on each license form, application, or written contract for services of a person regulated under this chapter; (2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or (3) in a bill for service provided by a person regulated under this chapter. (b) The commission shall adopt rules concerning a complaint filed under this section. The rules adopted under this subsection must: (1) establish procedures regarding the receipt, investigation, and disposition of complaints; (2) allow for an informal hearing process; (3) establish a formal hearing process; (4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; (5) ensure that the license holder who is the subject of the complaint has an opportunity to be heard regarding the complaint; and (6) establish procedures by which a commission employee may dismiss a complaint, subject to approval by the executive director or the executive director's designee, if the investigation does not reveal a violation. (c) The commission shall investigate each complaint received by the commission relating to a funeral director, embalmer, provisional license holder, funeral establishment, or other person licensed or registered under this chapter. (d) The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution, including an explanation of the remedies that are available to the person under this chapter and information about other appropriate state or local agencies or officials with which the person may file a complaint. (e) The commission, at least quarterly 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. (f) The person who filed the complaint is entitled to attend any proceeding resulting from the complaint. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 14, eff. Sept. 1, 2003.