| (a) Purpose. The purpose of this section is to establish
the procedures by which complaints are filed with the Department and
how the Department handles those complaints under Department jurisdiction
in compliance with Tex. Gov't Code §2306.066, Tex. Gov't Code,
Chapter 2105, Subchapter C, and 24 CFR §91.115(h), as applicable.
(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 complaint submitted to the Department
in writing (via mailed letter, fax, email, or submitted online through
the Department website) from a person that believes the Department
has the authority to resolve the issue. This excludes consumer complaints
relating to manufactured housing.
(2) Complaint Coordinator--Department employee designated
by the Executive Director or his designee to monitor the Public Complaint
System and coordinate activities related to complaints.
(3) Complaint Liaison--the Department employee(s) designated
by each division to handle each division's complaint-related issues.
(4) Department--The Texas Department of Housing and
Community Affairs.
(5) 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.
(6) Public Complaint System--Department-created system
used to track and process complaints received by the Department.
(c) Procedures. A person who has a Complaint may submit
such Complaint to the Department for submission to a Complaint Coordinator.
If an accommodation because of a disability is needed in relation
to a Complaint, the Person interested in filing the Complaint should
refer to 10 TAC §1.1, Reasonable Accommodation Requests; if assistance
is needed for non-English speaking persons, the Person interested
in filing the Complaint should access the Department's Language Assistance
webpage (https://www.tdhca.state.tx.us/lap.htm).
(1) A Complaint Coordinator shall enter the complaint
in the Public Complaint System, review and process the complaint,
and forward the complaint to the appropriate Complaint Liaison.
(2) A Complaint Liaison shall investigate and resolve
or close the Complaint. A Complaint Liaison shall enter summaries
of contact with the complainant and actions leading to complaint resolution
in the Public Complaint System.
(3) The Complaint Coordinator will submit periodic
summary reports or analysis to the Executive Director or designee.
(4) The Department shall provide to the Person filing
the Complaint, and to each Person who is a subject of the Complaint,
a copy of this rule, which serves as the Department's policy and procedures
relating to complaint investigation and resolution.
(5) The Department shall either notify the complainant
of the resolution of the Complaint within 15 business days after the
date the Complaint was received by the Department, or notify the complainant,
within such period, of the date the complainant can expect a response
to the Complaint.
(6) The Department shall notify the complainant of
the status of the Complaint at least quarterly and until the final
disposition of the Complaint.
(7) 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.
(8) A Complaint may be withdrawn by the complainant
at any time.
(9) A complainant may request and receive from the
Department copies of any documentation or records collected by the
Department with regard to the complaint subject to the Texas Public
Information Act.
(10) Adherence to these procedures is not required
by the Department if another procedure is required by law, or if the
following of a procedure above would jeopardize an undercover investigation.
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