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RULE §1.2Department Complaint System

(a) Purpose. The purpose of this section is to establish the procedures by which complaints that the department has the authority to resolve are answered.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Complaint--A written complaint that a person believes the department has the authority to resolve, other than a complaint about the quality of services funded by a block grant administered by the department or consumer complaints relating to manufactured housing.

  (2) Department--The Texas Department of Housing and Community Affairs.

  (3) Person--Any individual, other than an employee of the department, and any partnership, corporation, association, governmental subdivision, or public or private organization of any character.

  (4) Complaint Coordinator--Person designated by the Executive Director or his designee to monitor the database of complaints received by the agency and coordinate activities related to complaints.

  (5) Complaint Liaison--Person designated by each division director to handle each division's complaint-related issues.

(c) Procedures. A person who has a written complaint may submit such complaint to any employee of the department for submission to Complaint Coordinator or Complaint Liaison.

  (1) The Complaint Coordinator or Complaint Liaison shall assign complaint number to the complaint, reviews the complaint, and investigates, or causes an investigation to be completed

  (2) The Complaint Coordinator will submit periodic summary reports to the Executive Director or designee.

  (3) The Department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the Department's policies and procedures relating to complaint investigation and resolution.

  (4) The Department shall either notify the complainant of the resolution of the complaint within 15 business days after the date the complaint number was assigned, or notify the complainant, within such period, of the date the complaint can be resolved.

  (5) The Department shall notify the complainant of the status of the complaint at least quarterly and until the final disposition of the complaint.

  (6) An information file about each complaint shall be maintained. The file must include:

    (A) the complaint number;

    (B) the name of the person who filed the complaint;

    (C) the date the complaint was received by the Department;

    (D) the subject matter of the complaint;

    (E) the name of each person contacted in relation to the complaint;

    (F) a summary of the results of the review or investigation of the complaint; and

    (G) an explanation of the reason the file was closed, if the Department closed the file without taking action other than to investigate the complaint.

  (7) This procedure will not be followed where another procedure is required by law or if following this procedure would jeopardize an undercover investigation.

Source Note: The provisions of this §1.2 adopted to be effective October 7, 1992, 17 TexReg 6600; amended to be effective April 4, 1994, 19 TexReg 1996; amended to be effective November 25, 1996, 21 TexReg 11103; amended to be effective January 18, 2000, 25 TexReg 270; amended to be effective October 10, 2002, 27 TexReg 9315; amended to be effective April 14, 2014, 39 TexReg 2845

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