SECTION 139.17. Investigating a Complaint

(a) The board staff shall be responsible for investigating the complaint including determining the need for and obtaining any additional evidence that may be required to proceed with disciplinary action.

(b) Board staff and persons acting in the official capacity of the board have authority to:

(1) informally or formally request information and documentation from the involved parties;

(2) perform site visits or inspections to investigate the complaint;

(3) contract technical consultants and other services to investigate and evaluate aspects of the complaint or evidence;

(4) subpoena information, as required;

(5) seek the assistance of local and state law enforcement authorities; and/or

(6) seek out any other investigative action needed to assist in the resolution of the complaint.

(c) Upon determination that sufficient evidence exists to indicate that a violation of law or rules may have occurred, the executive director shall notify the person or entity by personal service or by certified or registered mail of the alleged violation. The respondent will be afforded the opportunity to respond to the complaint to show that the actions which precipitated the complaint are not in violation of the Acts or board rules.

(d) At any time before a complaint is resolved, board staff may conduct further investigation including, but not limited to, obtaining second or third opinions, obtaining supporting documents, or interviewing other witnesses, depending on the case at hand.

(e) If the board staff intends to dismiss the complaint because the investigation of the complaint does not produce sufficient evidence to substantiate a violation of the Acts or board rules, the board staff will inform the complainant of the rationale for the determination prior to reporting the dismissal to the board.

(f) Withdrawal of a complaint shall not be a reason to terminate or disrupt an ongoing investigation.

(g) At least quarterly until final disposition of the complaint, the board shall notify the parties to the complaint of the complaint status, unless the notice would jeopardize an undercover investigation, and such notation shall be included in the complaint file.

Source Note: The provisions of this §139.17 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10179; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3689