(a) Complaints against licensees.
(1) All complaints filed by the public against Board
licensees must be in writing on a complaint form provided by the Board
and signed by the complainant. The Board-approved complaint form can
be obtained free of charge from the Board office or downloaded from
the Board's website at http://www.veterinary.texas.gov. If a complaint
is transmitted to the Board orally or by means other than in writing
and the complaint alleges facts showing a continuing or imminent threat
to the public welfare, the requirement of a written complaint may
be waived until later in the investigative process.
(2) The Board may file a complaint on its own initiative.
(3) Complaints by the Board's enforcement section shall
be initiated by the opening of a complaint file.
(4) Anonymous written complaints will normally not
be investigated, but may be investigated if sufficient information
exists for the Board to file a complaint under paragraph (2) of this
subsection.
(5) The Board shall utilize violation code numbers
to distinguish between categories of complaints.
(6) The Board may not consider a complaint that is
filed with the Board after the fourth anniversary of the latest date:
(A) the act that is the basis of the complaint occurred;
or
(B) the earlier of when the complainant discovered,
or in the exercise of reasonable diligence should have discovered,
the occurrence of the act that is the basis of the complaint.
(7) If the Board receives multiple complaints regarding
the same licensee and the same alleged facts, the Board may combine
the complaints into one investigation and one file. The director of
enforcement may elect to divide multiple complaints regarding the
same licensee and the same alleged facts into multiple cases based
upon the timing of the receipt of such complaints.
(b) Complaints against non-licensees. Complaints against
persons alleged to be practicing veterinary medicine or equine dentistry
without a license may be investigated and resolved informally by the
executive director with the consent of the non-licensee, or the Board
may utilize formal cease and desist procedures specified in §801.508,
Occupations Code. Complaints not resolved by the executive director
may be referred to a local prosecutor or the attorney general for
legal action, as well as addressed in §801.508 of the Occupations
Code.
(c) Report to the Board of dismissed complaints. The
executive director or the executive director's designee shall advise
the Board at each scheduled meeting of the complaints dismissed since
the last meeting.
(d) Use of Private Investigators. The executive director
may approve the use of private investigators to assist in investigation
of complaints where the use of Board investigators is not feasible
or economical or where private investigators could provide valuable
assistance to the Board investigators. Private investigators may be
utilized in cases involving honesty, integrity and fair dealing; reinstatement
applications; solicitation; fraud; dangerous drugs and controlled
substances; and practicing veterinary medicine or equine dentistry
without a license. Private investigators will be utilized in accordance
with existing purchasing rules of the Comptroller of Public Accounts.
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Source Note: The provisions of this §575.27 adopted to be effective July 22, 2001, 26 TexReg 5252; amended to be effective November 7, 2004, 29 TexReg 10268; amended to be effective November 8, 2005, 30 TexReg 7226; amended to be effective July 17, 2006, 31 TexReg 5618; amended to be effective March 8, 2007, 32 TexReg 1315; amended to be effective November 25, 2007, 32 TexReg 8311; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective November 20, 2011, 36 TexReg 7668; amended to be effective June 20, 2012, 37 TexReg 4426; amended to be effective November 22, 2015, 40 TexReg 8030 |