| (a) This rule applies to complaints filed with the
commission regarding an entity that is subject to commission jurisdiction.
(b) A person may file a complaint by:
(1) sending a completed complaint form to: Texas Alcoholic
Beverage Commission, Att: Enforcement Division, P.O. Box 13127, Austin,
Texas 78711;
(2) calling 1-888-THE-TABC (843-8222);
(3) through Alcohol Industry Management System, which
can be accessed via the commission's public website; or
(4) by sending a completed complaint form to complaints@tabc.texas.gov.
(c) License and permit holders shall post a Complaint
Sign on the premises in accordance with §31.4(a) of this chapter.
(d) The commission adopts the form in Figure: 16 TAC §31.10
for filing complaints against a licensed or permitted entity. (Fig.
31.10) For complaints received by telephone, an agency employee may
complete the form on behalf of the caller. In all other cases, the
form must be completed by the person filing the complaint. This form
is available for download on the commission's website.
Attached Graphic
(e) The agency shall process complaints as follows:
(1) the agency receives complaints through the means
listed in subsection (b) of this section;
(2) designated agency employees assign each complaint
to the appropriate division based upon the subject matter of the complaint;
(3) the division supervisor or their designee determines
whether the complaint is under the commission's jurisdiction and if
not, marks the complaint as rejected;
(4) the division supervisor or their designee may forward
the complaint to a local law enforcement agency or other authority
if the supervisor believes the other agency or authority may have
jurisdiction over the complaint. If the complaint is forwarded the
complainant will be notified if contact information was provided with
the complaint;
(5) if the division supervisor or their designee finds
that the commission has jurisdiction over the complaint, the supervisor
will assign the appropriate TABC employee to manage the complaint.
(6) Complaint designations.
(A) the division supervisor or their designee will
designate the complaint as closed, rejected, or resolved in the public
database.
(B) A complaint is:
(i) closed when a new investigation is opened or when
the complaint can be associated with an existing investigation;
(ii) rejected when it does not fall under the agency's
jurisdiction; and
(iii) resolved when the complaint resolution does not
require an investigation.
(7) The agency employee assigned to manage a complaint
will contact the complainant to inform them of receipt of the complaint
and the final disposition of the complaint, if the complainant provided
contact information and indicated a desire to be so informed.
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