SECTION 7.62. Complaint Investigation

(a) Any person with cause to believe that any provision of the Act or this chapter has been violated may file a complaint with the department. The department will accept either written or oral notification, but may require that a complaint form be signed in order to conduct an investigation.

(b) Any person who has experienced or is alleging adverse effects from a pesticide application may file a complaint with the department. Such complaint shall be subscribed by the complaining party and set forth in detail the facts of the alleged violation.

(c) The department will investigate the complaint and make a full written report.

(d) This report will be made available to the parties concerned upon written request to the extent provided under the Texas Government Code, Chapter 552.

(e) The department shall, as soon as possible, notify the applicator(s) believed to be responsible for the complaint and the owner or lessee of the land where the application occurred.

(f) The department will not estimate monetary losses sustained.

(g) No finding of violation by the department will be premised solely on the uncorroborated statements of an anonymous or unidentified complainant, but all such complaints will be investigated routinely. For each such complaint, the department will determine the extent of investigation which is appropriate to address the complaint.

Source Note: The provisions of this §7.62 adopted to be effective December 4, 1997, 22 TexReg 11652.