(a) The Agency may investigate or refer to other authorities
with jurisdiction to investigate, as appropriate, all complaints received
about a school, whether licensed or unlicensed.
(b) The Agency may determine the extent of investigation
needed by considering various factors, such as:
(1) the seriousness of the alleged violation;
(2) the source of the complaint;
(3) the school's history of compliance and complaints;
(4) the timeliness of the complaint;
(5) the feasibility of investigations; and
(6) any other reasonable matter deemed appropriate.
(c) The Agency may require adequate documentation or
other evidence of the violation before initiating a complaint investigation.
Notwithstanding subsection (a) of this section, anonymous complaints
will not be investigated but will be reviewed to identify any action
needed.
(d) Unless good cause is shown, a complaint is timely
only if it is filed with the Agency while the student who files the
complaint is enrolled or within two years of the date the student
withdraws, terminates, or graduates from the course that is the subject
of the complaint. Good cause includes, but is not limited to, fraud.
If a complaint is not timely, the Agency may decline to investigate
it.
(e) The investigation fee authorized by the Act is
based on a per site visit. The school director shall be notified that
an on-site visit was conducted when the investigation results in assessment
of a fee.
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Source Note: The provisions of this §807.302 adopted to be effective August 28, 2006, 31 TexReg 6803; amended to be effective January 23, 2012, 37 TexReg 200; amended to be effective November 28, 2022, 47 TexReg 7914 |