| (a) Reporting a complaint. A person shall report an
alleged violation of the Act or this chapter by a licensee or non-licensee
by notifying the executive director. The initial notification shall
be in writing and sent by fax, U.S. Postal Service, or email to the
council's office.
(b) Review of a complaint.
(1) The executive director shall initially review the
complaint for violations of the Act or any rule adopted by the council.
The executive director may accept an anonymous complaint if there
is sufficient information for the investigation.
(2) If it is determined that the matters alleged in
the complaint are non-jurisdictional, the executive director, with
the concurrence of the Ethics Committee Chair, may close the complaint
and give written notice of closure to the licensee or person against
whom the complaint has been filed, the complainant, and the complaints
committee. If it is determined that a violation of the Act or these
sections may have occurred, the executive director or executive director's
designee shall:
(A) notify the complainant in writing of receipt of
the complaint;
(B) notify the licensee in writing that a complaint
has been filed and provide a copy of the complaint; and
(C) provide a copy of the complaint to the licensee's
mental health or medical licensing agency.
(c) The executive director shall refer pending jurisdictional
complaints to the Ethics Committee. The Ethics Committee shall:
(1) review each complaint and determine whether the
complaint fits within the category of a valid complaint affecting
the health and safety of clients or other persons;
(2) ensure that complaints are not dismissed without
appropriate consideration;
(3) ensure that a person who files a complaint has
an opportunity to explain the allegations made in the complaint; and
(4) resolve the issues of the complaint which arise
under the Act or this chapter.
(d) If it is determined that there are sufficient grounds
to support the complaint, the matters in question shall be investigated.
The executive director or the Ethics Committee may initiate the investigation.
(e) If the Ethics Committee determines that there are
insufficient grounds to support the complaint, the committee shall
dismiss the complaint and give written notice of the dismissal to
the licensee or person against whom the complaint has been filed and
the complainant.
(f) Responsibilities of the licensee.
(1) A licensee shall cooperate with the council by
furnishing all required documents or information and by responding
to a request for information or a subpoena issued by the council or
its authorized representative.
(2) A licensee shall comply with any order issued by
the council relating to the licensee. A licensee shall not interfere
with a council investigation by the willful misrepresentation of facts
to the council or its authorized representative or by the use of threats
or harassment against any person.
(3) The licensee shall be notified of the allegations
in writing by the executive director or designee and shall be required
to provide a response to the allegations within 20 calendar days of
that notice.
(4) Failure to respond to the allegation within the
20 day period is evidence of licensee's failure to cooperate with
the investigation and may subject the licensee to disciplinary action.
(g) Actions by the council. The council is authorized
to revoke, suspend, or deny a license, or to deny a renewal of a license,
place on probation a person whose license has been suspended, assess
an administrative penalty, or reprimand a licensee for a violation
of the Act or a rule of the council.
(h) Probated Suspension. If the suspension is probated,
the council is authorized by Occupations Code, §110.352, to impose
certain requirements and limitations on a person.
(i) Disciplinary action on the mental health or medical
license. If a licensee's mental health or medical license is revoked
or suspended, the council may propose to revoke a license issued under
this chapter.
(j) Complaint information. The council shall retain
all complaints filed with the council for 7 years from the date of
closure. The information shall include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all witnesses contacted in relation
to the complaint;
(5) a summary of the results of the review, investigation
of the complaint, and any action taken; and
(6) for a complaint for which the council took no action,
an explanation of the reason the complaint was closed without action.
(k) Formal hearing.
(1) A formal hearing shall be conducted according to
the provisions of the Texas Government Code, Chapter 2001, Administrative
Procedure Act and held in Travis County, Texas, unless otherwise determined
by the Administrative Law Judge (ALJ) or upon agreement of the parties.
(2) Prior to institution of formal proceedings to revoke
or suspend a license, the executive director shall give written notice
to the licensee by certified mail, return receipt requested, of the
facts or conduct alleged to warrant revocation or suspension, and
the person shall be given the opportunity, as described in the notice,
to show compliance with all requirements of the Act and this chapter.
(3) To initiate formal hearing procedures, the executive
director shall give the licensee written notice of the opportunity
for hearing. The notice shall state the basis for the proposed action.
Within 20 calendar days after receipt of the notice, the licensee
shall give written notice to the executive director that the licensee
waives the hearing and either surrenders the license, or accepts the
proposed sanction, or requests an informal settlement conference and/or
a formal hearing. Receipt of the notice is deemed to occur on the
seventh calendar day after the notice is mailed to the licensee's
last reported address as reflected in the council's records unless
another date of receipt is reflected on a U.S. Postal Service return
receipt.
(A) If the licensee fails to request a hearing within
the proscribed period, the licensee is deemed to have waived the hearing
and a default order may be entered by the council.
(B) If the licensee requests an informal settlement
conference and/or a formal hearing, within 20 calendar days after
receiving the notice of opportunity for hearing, the executive director
shall initiate an informal settlement conference and/or formal hearing
procedures in accordance with this section.
(l) Final action.
(1) If the council suspends a license, the suspension
remains in effect for the period of suspension ordered or until the
council determines that the reasons for suspension no longer exist.
The licensee whose license has been suspended is responsible for securing
and providing to the executive director such evidence that the reasons
for the suspension no longer exist. The council shall review and investigate
the evidence prior to making a determination.
(2) During the time of suspension, the former licensee
shall return all license certificate(s) and renewal card(s) to the
council.
(3) If a suspension overlaps a renewal period, the
former licensee shall comply with the normal renewal procedures in
these sections. The council shall not renew the certificate until
the executive director or the council determines that the reasons
for suspension have been removed.
(4) A person whose application is denied or whose license
certificate is revoked is ineligible to apply for licensure under
this Act for 1 year from the date of the denial or revocation.
(5) Upon revocation or non-renewal, the former licensee
shall return all certificate(s) and renewal card(s) issued to the
licensee by the council. The certificate(s) and renewal card(s) shall
be returned to the council by certified mail, hand-delivered, or by
a delivery service, within 30 days of request.
(m) Appeal of the decision. A person may appeal a final
decision of the council by filing a petition for judicial review in
the manner provided by the Texas Government Code, §2001.176.
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