| (a) A complaint must be in writing on a form prescribed
by the Board and must be signed by the complainant. Board staff may
initiate a complaint. Upon receipt of a complaint, staff will:
(1) assign the complaint a case number in the complaint
tracking system; and
(2) send written acknowledgement of receipt to the
complainant.
(b) If the staff determines at any time that the complaint
is not within the Board's jurisdiction, or that no violation exists,
the complaint will be dismissed with no further processing. The Board
or the Commissioner may delegate to staff the duty to dismiss complaints.
(c) A complaint alleging mortgage fraud or in which
mortgage fraud is suspected:
(1) may be investigated covertly; and
(2) will be referred to the appropriate prosecutorial
authorities.
(d) Staff may request additional information necessary
to determine how to proceed with the complaint.
(e) A copy of the complaint and all supporting documentation
will be sent to the Respondent unless the complaint qualifies for
covert investigation and the Standards and Enforcement Services Division
deems covert investigation appropriate.
(f) The Respondent must submit a response within 20
days of receiving a copy of the complaint. The 20-day period may be
extended for good cause upon request in writing or by e-mail.
(1) The response must include the following:
(A) a narrative response to the complaint, addressing
each and every element thereof;
(B) a copy of all requested records and any other relevant
records;
(C) a list of any and all persons known to the respondent
to have actual knowledge of any of the matters made the subject of
the complaint and, if in the Respondent's possession, contact information
for such persons; and
(D) the following statement in the letter transmitting
the response: EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE COPIES
OF RECORDS ACCOMPANYING THIS RESPONSE ARE TRUE AND CORRECT COPIES
OF THE ACTUAL RECORDS.
(2) The Respondent may also address other matters not
raised in the complaint that the Respondent believes likely to be
raised.
(g) The complaint will be assigned to a staff investigator
and will be investigated by the staff investigator or peer investigative
committee, as appropriate.
(h) The staff investigator or peer investigative committee
assigned to investigate a complaint will prepare a report detailing
its findings on a form approved by the Board for that purpose.
(i) Staff will evaluate the complaint, the Respondent's
response, if any, and the investigative report to determine if there
is probable cause to believe a violation of the AMC Act or Board rules
occurred:
(1) If staff concludes there is no probable cause to
believe that a violation of the AMC Act or Board rules occurred, the
complaint will be dismissed with no further processing;
(2) If staff concludes there is probable cause to believe
that a violation of the AMC Act or Board rules occurred, staff may
recommend that the Board enter into an agreed order with the Respondent
or, if an agreed resolution cannot be reached, proceed as the complainant
in a contested case hearing under Chapter 2001, Government Code.
(j) Agreed orders must be signed by the Respondent,
a representative of the Standards and Enforcement Services Division,
and the Commissioner.
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