SECTION 1.164. Initiating a Contested Case

(a) The Board may initiate a Contested Case proceeding in response to:

(1) a written complaint filed by a member of the public;

(2) information provided in a registration application or renewal form; or

(3) other information known to the Board which establishes probable cause.

(b) The Board shall not act on a written complaint filed by a member of the public unless the allegations in the complaint describe conduct that violates a rule or statutory provision enforceable by the Board.

(c) If the Board receives a written complaint filed by a member of the public, the Board may act on the complaint regardless of the status or outcome of separate litigation related to the subject matter of the complaint or the complainant's request to withdraw the complaint.

(d) The Board shall not act on a written complaint filed by a member of the public if the complaint is filed later than ten (10) years after the date of the act(s) or omission(s) described in the complaint.

Source Note: The provisions of this §1.164 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7069