| (a) The board staff shall be responsible for investigating
the complaint including determining the need for and obtaining any
additional evidence that may be required to proceed with disciplinary
action.
(b) Board staff and persons acting in the official
capacity of the board have authority to:
(1) informally or formally request information and
documentation from the involved parties;
(2) perform site visits or inspections to investigate
the complaint;
(3) contract technical consultants and other services
to investigate and evaluate aspects of the complaint or evidence;
(4) subpoena information, as required;
(5) seek the assistance of local and state law enforcement
authorities; and/or
(6) seek out any other investigative action needed
to assist in the resolution of the complaint.
(c) Upon determination that sufficient evidence exists
to indicate that a violation of law or rules may have occurred, the
executive director shall notify the person or entity by personal service
or by certified or registered mail of the alleged violation. The respondent
will be afforded the opportunity to respond to the complaint to show
that the actions which precipitated the complaint are not in violation
of the Acts or board rules.
(d) At any time before a complaint is resolved, board
staff may conduct further investigation including, but not limited
to, obtaining second or third opinions, obtaining supporting documents,
or interviewing other witnesses, depending on the case at hand.
(e) If the board staff intends to dismiss the complaint
because the investigation of the complaint does not produce sufficient
evidence to substantiate a violation of the Acts or board rules, the
board staff will inform the complainant of the rationale for the determination
prior to reporting the dismissal to the board.
(f) Withdrawal of a complaint shall not be a reason
to terminate or disrupt an ongoing investigation.
(g) At least quarterly until final disposition of the
complaint, the board shall notify the parties to the complaint of
the complaint status, unless the notice would jeopardize an undercover
investigation, and such notation shall be included in the complaint
file.
|
| Source Note: The provisions of this §139.17 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; amended to be effective December 25, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3689 |
