| (a) Complaints and inquiries filed with the department
are generally considered public information, unless a specific statutory
exception applies.
(b) Upon receipt of a complaint or inquiry, the department
will make a good faith effort to protect complainant's identity to
the extent possible. The department will determine if the complaint
or inquiry relates to an activity that the department regulates.
(c) If the department does not regulate the activity
that is the subject of the complaint or inquiry, the department shall
close the complaint or inquiry, notify the complainant and refer the
complaint or inquiry to the appropriate regulatory entity within five
business days of receiving the complaint or inquiry, if known.
(d) If the department regulates the activity that is
the subject of a complaint, the department shall initiate an investigation
into the merits of the complaint by sending, within 10 business days
of receiving the complaint, a copy of the complaint and any supporting
documentation to the entity that is the subject of the complaint.
(e) The department shall prioritize complaints for
purposes of determining the order in which complaints are investigated,
taking into account the seriousness of the allegations made in a complaint
and the length of time a complaint has been pending.
(f) A regulated entity that receives a complaint forwarded
by the department shall respond within 30 days from the date the request
is mailed by the department.
(g) The banking commissioner may appoint a hearings
officer or other subject matter expert to investigate a complaint
received by the department.
(h) The department may, at the discretion of the commissioner,
arrange for the services of a qualified mediator or subject matter
expert to assist in resolving the complaint.
(i) The department shall monitor how long each complaint
is open, and shall make all reasonable efforts to resolve complaints
within 90 days of receipt. The department shall notify the complainant
of their complaint status at least quarterly if more than 45 days
have elapsed since the complaint was received.
(j) If the department determines that the complaint
is not supported by the evidence, or if the complaint is resolved
to the satisfaction of the parties, the complaint will be dismissed.
(k) The department shall notify all parties to the
complaint within 10 business days of closing the complaint.
(l) A complainant who disagrees with the disposition
of a complaint may appeal by filing a petition against the department
in a district court in Travis County.
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