SECTION 107.200. Disposition of a Filed Complaint

(a) During the official investigation of a filed complaint, board staff will determine whether a violation of the Act or board rules has occurred. If the complaint is related to professional competency, members of the Dental Review Panel shall assist with the determination, as described in Subchapter B of this Chapter.

(b) If the information and evidence gathered and the Dental Review Panel Report, if applicable, indicate that a violation of the Act has occurred, board staff shall initiate the appropriate action, including dismissal with board recommendation, disciplinary action, remedial plan, or cease and desist order, and obtain final approval of the board at a public board meeting, if required.

(c) If the information and evidence gathered and the Dental Review Panel Report, if applicable, is insufficient to support that a violation of the Act or board rules has occurred, board staff shall dismiss the complaint and advise the board of such dismissal at a public board meeting.

(d) If a complaint is dismissed, a letter shall be sent to the complainant informing him or her of the dismissal and explaining the reason for the dismissal.

(e) If the complaint is dismissed, a letter shall be sent to the respondent informing him or her of the dismissal. Board staff may also inform the respondent of any recommendations that may improve his or her practice.

Source Note: The provisions of this §107.200 adopted to be effective July 11, 2016, 41 TexReg 5051