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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 140HEALTH PROFESSIONS REGULATION
SUBCHAPTER FCONTACT LENS DISPENSERS
RULE §140.260Filing Complaints and Complaint Investigations

(a) Complaints alleging that a person has violated the Act or this subchapter, 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 and documentation to proceed.

(b) Upon receipt of verified complaint, the department shall send the complainant an acknowledgment letter. The department shall, at least as frequently as quarterly, 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. If the department determines that the complaint is not within the department's jurisdiction, the complainant will be notified. If warranted, the complaint may be referred to another governmental agency for review.

(e) The department may determine that the permit be revoked, suspended, placed on probation or that other appropriate action as authorized by law be taken.

(f) If the department 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 permit holder or person against whom the complaint has been filed and the complainant.


Source Note: The provisions of this §140.260 adopted to be effective December 2, 2007, 32 TexReg 8518

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