SECTION 139.21. Reporting Complaint Status to the Board

(a) The executive director shall provide a summary report on the status of all complaints at the regularly scheduled board meetings. The report shall include:

(1) number of complaints filed;

(2) number of complaints received in each category;

(3) number of complaints initiated by the board;

(4) number of complaints filed by persons other than the board;

(5) the average length of time to resolve a complaint by totaling all the days accumulated for all resolved complaints and dividing by the total number of resolved complaints during the reporting period;

(6) number of complaints that are unresolved, including:

(A) by those filed by the board, or

(B) by those filed by persons other than the board, and

(C) including the average length of time the unresolved complaints have been on file obtained by summing the days accumulated for all unresolved complaints and dividing by the total number of unresolved complaints;

(7) number of dismissed cases; and

(8) number of complaints resulting in disciplinary action including the disciplinary action taken and whether the action was imposed by stipulation, agreed settlement, consent order, default, or order following a contested case hearing.

(b) The executive director shall report dismissed complaints to the board and shall include in the report the following information:

(1) name of the complainant,

(2) name of the person who is subject of the complaint,

(3) the basis of the complaint, and

(4) the reason for the dismissal of the complaint.

(c) If the executive director determines that the complaint filed is frivolous or without merit, the case information will be classified as confidential and as such the information is not subject to discovery, subpoena, and or other disclosure. The board shall approve this action upon acceptance of the report and the case will then be closed. Closed cases will not be reconsidered for classification under this rule.

(1) A "frivolous complaint" means a complaint that the executive director has determined:

(A) was made for the purpose of harassment; and

(B) does not demonstrate harm to any person.

(2) A complaint that is determined by the executive director to be "without merit" would include situations where a:

(A) professional engineer, professional land surveyor, individual, or firm has been determined to not be responsible or connected in any way with the alleged violative action in the complaint, as it relates to a violation of the Engineering or Surveying Acts and/or board rules; or

(B) case has been determined to be outside the jurisdiction of the board; or

(C) case has been determined to have been administratively opened in error.

Source Note: The provisions of this §139.21 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective December 21, 2008, 33 TexReg 10180; amended to be effective December 25, 2020, 45 TexReg 9206