Texas Occupations Code 201.205 – General Rules Regarding Complaint Investigation and Disposition
(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this section must:
(1) distinguish between categories of complaints;
(2) require the board to prioritize complaints for purposes of determining the order in which they are investigated, taking into account the seriousness of the allegations made in a complaint and the length of time a complaint has been pending;
(3) ensure that a complaint is not dismissed without appropriate consideration;
(4) 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 complaint;
(5) ensure that the person who filed the complaint has the opportunity to explain the allegations made in the complaint; and
(6) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator.
(b) The board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the complaint process that is under the control of the board not later than the 30th day after the date the board receives the complaint.
Terms Used In Texas Occupations Code 201.205
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The board shall notify the parties to the complaint of the projected time requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made.
(e) The executive director shall notify the board of a complaint that is unresolved after the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.