SECTION 159.202. AMC Investigative Committee

(a) The Board Chair, with the advice and consent of the Executive Committee, may appoint an Investigative Committee pool at least every two years.

(b) A panel of the Investigative Committee shall consist of:

(1) one or two Board members;

(2) a member of the AMC Advisory Committee; and

(3) a TALCB Investigator.

(c) During complaint intake, the TALCB Director or his or her designee shall assign a TALCB Investigator to investigate the complaint.

(d) Complaints in which adverse action or contingent dismissals is recommended by an investigator are subject to review by the Investigative Committee. Complaints that result in dismissals, defaults, or warning letters are not subject to review by the Investigative Committee.

(e) No more than 7 days following the investigator's completion of an investigative report, the investigator shall provide his or her findings, including the investigative report and the complaint file, to the members of the Investigative Committee. The investigative report must include:

(1) a statement of facts;

(2) the investigator's recommendations; and

(3) the position or defense of the respondent.

(f) the Investigative Committee and staff may elect to confer in person, via e-mail, or video conference prior to the members' determination.

(g) The Board delegates its authority to receive the written findings or determination of the Investigative Committee to the Executive Director.

(h) No more than five business days after the review of the investigator's findings, the committee shall render a determination agreeing or disagreeing with the investigator's finding of alleged violations and submit a copy of their determination to the Executive Director or his or her designee on behalf of the Board. The determination shall serve as a recommendation to the TALCB Division as to whether to pursue adverse action against a respondent. A copy of the determination shall be included in the complaint file. The Board Chair may request statistical data related to the investigator's recommendations, members' determination, and adverse action pursued by the Division.

(i) Board members who participate in the Investigative Committee Review of a complaint are disqualified from participating in any future adjudication of the same complaint.

Source Note: The provisions of this §159.202 adopted to be effective December 3, 2023, 48 TexReg 6905