SECTION 31.10. Complaints

(a) This rule applies to complaints filed with the commission regarding an entity that is subject to commission jurisdiction.

(b) A person may file a complaint by:

(1) sending a completed complaint form to: Texas Alcoholic Beverage Commission, Att: Enforcement Division, P.O. Box 13127, Austin, Texas 78711;

(2) calling 1-888-THE-TABC (843-8222);

(3) through Alcohol Industry Management System, which can be accessed via the commission's public website; or

(4) by sending a completed complaint form to [e-mail].

(c) License and permit holders shall post a Complaint Sign on the premises in accordance with §31.4(a) of this chapter.

(d) The commission adopts the form in Figure: 16 TAC §31.10 for filing complaints against a licensed or permitted entity. (Fig. 31.10) For complaints received by telephone, an agency employee may complete the form on behalf of the caller. In all other cases, the form must be completed by the person filing the complaint. This form is available for download on the commission's website.

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(e) The agency shall process complaints as follows:

(1) the agency receives complaints through the means listed in subsection (b) of this section;

(2) designated agency employees assign each complaint to the appropriate division based upon the subject matter of the complaint;

(3) the division supervisor or their designee determines whether the complaint is under the commission's jurisdiction and if not, marks the complaint as rejected;

(4) the division supervisor or their designee may forward the complaint to a local law enforcement agency or other authority if the supervisor believes the other agency or authority may have jurisdiction over the complaint. If the complaint is forwarded the complainant will be notified if contact information was provided with the complaint;

(5) if the division supervisor or their designee finds that the commission has jurisdiction over the complaint, the supervisor will assign the appropriate TABC employee to manage the complaint.

(6) Complaint designations.

(A) the division supervisor or their designee will designate the complaint as closed, rejected, or resolved in the public database.

(B) A complaint is:

(i) closed when a new investigation is opened or when the complaint can be associated with an existing investigation;

(ii) rejected when it does not fall under the agency's jurisdiction; and

(iii) resolved when the complaint resolution does not require an investigation.

(7) The agency employee assigned to manage a complaint will contact the complainant to inform them of receipt of the complaint and the final disposition of the complaint, if the complainant provided contact information and indicated a desire to be so informed.

Source Note: The provisions of this §31.10 adopted to be effective February 13, 2023, 48 TexReg 659