| (a) The Board Chair, with the advice and consent of
the Executive Committee, may appoint an Investigative Committee pool
at least every two years.
(b) A panel of the Investigative Committee shall consist
of:
(1) one or two Board members;
(2) a member of the AMC Advisory Committee; and
(3) a TALCB Investigator.
(c) During complaint intake, the TALCB Director or
his or her designee shall assign a TALCB Investigator to investigate
the complaint.
(d) Complaints in which adverse action or contingent
dismissals is recommended by an investigator are subject to review
by the Investigative Committee. Complaints that result in dismissals,
defaults, or warning letters are not subject to review by the Investigative
Committee.
(e) No more than 7 days following the investigator's
completion of an investigative report, the investigator shall provide
his or her findings, including the investigative report and the complaint
file, to the members of the Investigative Committee. The investigative
report must include:
(1) a statement of facts;
(2) the investigator's recommendations; and
(3) the position or defense of the respondent.
(f) the Investigative Committee and staff may elect
to confer in person, via e-mail, or video conference prior to the
members' determination.
(g) The Board delegates its authority to receive the
written findings or determination of the Investigative Committee to
the Executive Director.
(h) No more than five business days after the review
of the investigator's findings, the committee shall render a determination
agreeing or disagreeing with the investigator's finding of alleged
violations and submit a copy of their determination to the Executive
Director or his or her designee on behalf of the Board. The determination
shall serve as a recommendation to the TALCB Division as to whether
to pursue adverse action against a respondent. A copy of the determination
shall be included in the complaint file. The Board Chair may request
statistical data related to the investigator's recommendations, members'
determination, and adverse action pursued by the Division.
(i) Board members who participate in the Investigative
Committee Review of a complaint are disqualified from participating
in any future adjudication of the same complaint.
|
