SECTION 140.42. Filing Complaints and Complaint Investigations

(a) Complaints alleging that a person has violated the Act or this chapter may be filed with the department on a department complaint form or in writing by regular mail, facsimile, or electronic mail. The department may initiate a complaint based on a telephone call if there is a sufficient basis to proceed.

(b) Upon receipt of a written complaint, the department shall send the complainant an acknowledgment letter. The department shall periodically notify the complainant and the respondent of the status of the complaint until its final disposition.

(c) Anonymous complaints may be investigated by the department if there is a sufficient basis and documentation to proceed.

(d) The department shall investigate the complaint and may recommend that the license or registration be revoked, suspended, placed on probation, or that other appropriate action as authorized by law be taken.

(e) If department staff determines that the complaint is not within the department's jurisdiction, the complainant will be notified. The complaint may be referred to another governmental agency for review.

(f) If department staff determines that there are insufficient grounds to support the complaint, the complaint shall be dismissed. Written notice of the dismissal will be provided to the licensee or registrant or person against whom the complaint has been filed and the complainant.

Source Note: The provisions of this §140.42 adopted to be effective February 1, 2007, 32 TexReg 314