| (a) Purpose. This section implements §467.111
of the Texas Government Code, which requires the commission to maintain
a system to promptly and efficiently act on each complaint filed with
the commission and by rule adopt and publish procedures governing
the entire complaint process from submission to disposition. The Lottery
Operations Division shall manage the process for all complaints relating
to any commission activities, regardless of the affected commission
division or subject matter. The Lottery Operations Division may adopt
written procedures to further implement the requirements of §467.111
and this section.
(b) Complaint Intake. Complaints must be submitted
by mail, email, voice mail on a dedicated voice mail box, in person,
or fax.
(1) All complaints shall be monitored through the complaint
tracking system and all jurisdictional complaints will be tracked,
from initial intake or discovery of the complaint to final disposition.
A jurisdictional complaint is a complaint which alleges a violation
of the State Lottery Act (Government Code, Chapter 466), the Bingo
Enabling Act (Occupations Code, Chapter 2001), commission rules, or
any other applicable provisions of the Texas Government Code or the
Texas Administrative Code under which the commission has the authority
to interpret and apply the law.
(2) The commission shall make available information
on how to file a complaint on the commission's internet website, intranet,
at commission claim centers, Bingo regional offices, licensed lottery
retail locations, bingo playing locations, and the commission headquarters.
(3) Commission staff shall maintain and monitor a toll-free
telephone number during normal working hours to assist complainants.
Commission staff may also maintain and monitor a dedicated voice mail
box to assist with complaint intake.
(c) Complaint Processing. The commission requires specific
information to process and investigate a complaint. Commission staff
will review all complaints to ensure they are jurisdictional and include
the complainant's name, mailing address, and contact phone number.
If a complaint is received without all necessary information, the
staff will make reasonable efforts to contact the complainant and
obtain the necessary information. Non-jurisdictional complaints will
be entered in the complaint tracking system as contacts along with
an explanation why the complaint is non-jurisdictional, but will not
be referred for investigation or follow-up. Staff will notify the
complainant verbally or in writing that the complaint is non-jurisdictional.
(d) If the complaint is jurisdictional and contains
the required information, the complaint will be entered in the complaint
tracking system and referred to the appropriate commission division
or department for investigation or follow-up. Commission staff will
provide an acknowledgement notification verbally or in writing to
the complainant after the complaint is processed. Commission staff
will provide periodic ongoing complaint status updates verbally or
in writing. A closing notification will be provided to the complainant
verbally or in writing when the complaint is closed.
(e) Complaint Analysis and Reports. The commission
staff will maintain a comprehensive database of complaints in order
to identify trends or issues related to violations of state laws under
the commission's jurisdiction.
(1) At least once each biennium, designated commission
staff will generate a trend analysis report. The report will:
(A) categorize complaints based on the type of violation
alleged;
(B) track each complaint from submission to disposition;
(C) evaluate the effectiveness of the commission's
enforcement process; and
(D) include any additional information the commission
considers necessary.
(2) The trend analysis report shall be made available
to the public.
(f) Americans with Disabilities Act Complaints. Notwithstanding
the foregoing, all complaints to the commission regarding Americans
with Disabilities Act violations are governed by the provisions of §401.407
of this title (relating to Complaints Relating to Non-accessibility),
and not this section.
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