| (a) Upon receipt of the written complaint and supporting
evidence, it will be logged and assigned a case number.
(b) The board staff shall review the complaint. If
the complaint does not contain sufficient information to determine
whether the board has jurisdiction or is determined to be outside
the board's authority, the board staff may interview the complainant
to develop additional information. If the board staff determines that
a potential violation exists, the board staff will proceed with the
investigation. If board staff concludes that the complaint resulted
from a misunderstanding, is outside the jurisdiction of the board,
or is without merit, the board staff will recommend to the executive
director that the investigation be closed and that the complaint be
dismissed. If the executive director concurs with the recommendation,
the complainant will be so notified and the investigation will be
closed. The board staff shall write a dismissal explanation for the
dismissed complaint and close the file.
(c) If a potential violation exists and the board has
jurisdiction over and authority to resolve the complaint, the board
staff shall set a priority for the complaint and initiate disciplinary
proceedings against the subject of the complaint. In setting the priority
for complaints, a complaint from the public or initiated by the board
or board staff that alleges action that could potentially harm the
public shall be rated highest priority and investigation for this
type complaint takes precedence over all other complaints. Complaints
rating highest priority may include, but are not limited to, those
complaints involving incompetence, gross negligence, plan stamping,
or practicing without a license. The board staff shall report status
of the investigation and preliminary determination to the executive
director and complainant within 45 days of receiving complaint that
rates as a high priority.
|
| Source Note: The provisions of this §139.15 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10179; amended to be effective December 11, 2016, 41 TexReg 9706 |
