|(a) Filing complaints. A person who has a complaint
about a licensee or CRT may file a complaint with the board at the
board's office, or in any written form, including submission of a
completed complaint form. The board adopts the following form in both
English and Spanish as its official complaint form which shall be
available from the board upon request. A complaint shall contain information
necessary for the proper processing of the complaint by the board,
(1) complainant's name, address and phone number;
(2) name, address and phone number of the chiropractor,
CRT or other person, firm or corporation, if known, against whom the
complaint is made;
(3) date, time and place of occurrence of alleged violation;
(4) complete description of incident giving rise to
(b) Categories of complaints and investigation.
(1) The board shall distinguish between categories
of complaints as follows:
(A) consumer and patient complaints against chiropractors
or CRTs regarding alleged violations of state law, including the Texas
Chiropractic Act, or board rules or orders;
(B) alleged unauthorized practice of chiropractic by
unlicensed individuals or CRTs, or by a licensee or CRT while a suspension
order or restrictive sanction by the board is in effect;
(C) licensure or reinstatement applications;
(D) alleged advertising violations by chiropractors.
(2) The board shall prioritize complaints for purposes
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.
(A) The board shall create and maintain a written list
of the categories of complaints in order from the most serious to
least serious violations of the Texas Chiropractic Act or administrative
rules. The list shall also cite the specific rules and statutes that
may have been violated, and the fines or other penalties that may
(B) The board shall have this list available at the
board office and on the board website for interested parties.
(C) The board shall use this list to set priorities
for the investigation of complaints against licensees with the most
serious complaints being of the highest priority.
(3) All complaints or reports of alleged violations
will be investigated by the board. However, anonymous complaints may
not be investigated if insufficient information is provided or the
allegations are vague, appear to lack a credible or factual foundation,
or cannot be proved for lack of a witness or other evidence. The executive
director of the board will determine whether or not an anonymous report
will be logged in as a complaint for investigation. A complaint shall
not be dismissed without appropriate consideration. The board and
a complainant shall be advised of a dismissal of a complaint.
(4) The board staff may initiate an investigation,
including the filing of a complaint, on an individual regulated by
the board for compliance with the law or board rules or order.
(c) Enforcement Committee.
(1) The President shall appoint an Enforcement Committee
to consider all complaints filed with the board. The Executive Director
under the direction of the Enforcement Committee chair shall supervise
(2) The Enforcement Committee shall have the power
to issue subpoenas and subpoenas duces tecum to compel the attendance
of witnesses and the production of books, records, and documents,
to issue commissions to take depositions, to administer oaths and
to take testimony concerning all matters within the assigned jurisdiction.
(3) The Enforcement Committee shall determine the disposition
of a complaint as provided in this subsection and §78.9 and §78.10
of this title (relating to Disciplinary Guidelines and Schedule of
Sanctions, respectively). The Enforcement Committee may delegate the
authority to close certain complaints to the Executive Director.
(4) The Enforcement Committee may schedule an informal
conference in a case in order to hear from the complainant and the
respondent, in person, or if it believes a conference may facilitate
the resolution of the case. A respondent, although not required, is
urged to attend the informal conference. A complainant will be given
notice of the conference and invited to attend. A complainant is not
required to attend an informal conference.
(5) Informal conferences shall not be deemed to be
meetings of the board.
(6) In a case where the Enforcement Committee has made
a finding of a violation for which a sanction should be imposed, the
committee may direct staff to offer an agreed order to the respondent
in an effort to resolve the case informally. If an agreed order is
not accepted by the respondent or no agreed order is offered, the
case will be referred to the SOAH for formal hearing. The Enforcement
Committee shall present an agreed order to the board for its approval
once it has been signed by the respondent. Should the board amend
the proposed order, the executive director shall contact the respondent
to seek concurrence. If the respondent does not concur, the Enforcement
Committee shall determine whether negotiations on an agreed order
should continue or to refer the case for formal hearing.
(d) Commencement of formal hearing proceedings. Board
staff shall commence formal hearing proceedings by filing the case
with the SOAH and by giving notice to the respondent as provided §79.2
of this title (relating to Commencement of Enforcement Proceedings).
(e) Recission of probation.
(1) The board may at any time while an individual
is on probation upon majority vote rescind the probation and enforce
the board's original action suspending such license for violation
of the terms of the probation or for other good cause as the board
in its discretion may determine. Violations of probation shall be
referred to the Enforcement Committee for action under this section.
Probation shall not be rescinded without notice and an opportunity
for a hearing on whether or not the probation has been violated.
(2) The board shall maintain a chronological and alphabetical
listing of licensees and CRTs, who have had their license suspended
or revoked, and shall monitor compliance with each order. Any noncompliance
observed as a result of monitoring shall be referred to the Enforcement
Committee for action under this section.
(f) Reinstatement. An individual whose license has
been revoked for a period of more than one year may, after the expiration
of at least one year from the date that such revocation became final,
apply to the board, on forms provided by the board, for reinstatement.
In considering the reinstatement of a revoked license, the board in
its discretion may:
(1) deny reinstatement; or
(2) grant reinstatement:
(A) without condition;
(B) with probation for a specified period of time under
specified conditions; or
(C) with or without reexamination or additional training.
(g) Temporary suspension upon threat to public. The
Enforcement Committee or the board, with a two-thirds vote, may temporarily
suspend a license to practice chiropractic in the State of Texas if
the committee or the board determines from the preponderance of the
evidence or information presented to it that continued practice by
the licensee constitutes a continuing or imminent threat to the public
welfare. The purpose of a temporary suspension is to protect the public
until a preliminary hearing can be held.
(1) Such suspension may occur without notice or hearing
if at the time the suspension is ordered, a hearing on whether a disciplinary
proceeding should be initiated is scheduled not later than the 14th
day after the date of suspension.
(A) The purpose of the 14-day hearing is to provide
the licensee with notice and an opportunity to review the Board's
evidence or information, to present evidence, raise defenses, and
to be heard.
(B) At the 14-day hearing, the only issue presented
is whether the temporary suspension should be dissolved or kept in
place. If the administrative law judge finds that the Board has competent
evidence or information that continued practice by the licensee constitutes
a continuing or imminent threat to the public welfare, then the administrative
law judge may issue an order keeping the temporary suspension in place
pending the initiation of other disciplinary proceedings against the
(2) A second hearing on the suspended license shall
be held not later than the 60th day after the date the suspension
was ordered. This 60-day hearing shall determine whether the suspension
shall remain in effect pending the initiation, prosecution, and final
determination of other disciplinary proceedings against the licensee.
If the 60-day hearing is not held in the time required, the license
is reinstated without further action of the board or committee.
(3) A hearing held under this subsection shall be conducted
by the SOAH.
(4) The licensee will be notified of a suspension and
any hearing scheduled under this subsection by certified mail to the
address on file with the Board and by facsimile and/or email if such
numbers or addresses are known to the Board. The notice sent by certified
mail is legal notice under this section.
(5) The suspension shall remain in effect pending further
action by the board unless an administrative law judge, the committee,
or the board orders the suspension rescinded after hearing.
(6) The licensee shall not practice chiropractic during
the duration of the suspension.
(7) During the suspension the enforcement and investigatory
processes will continue.
(8) The licensee may waive either the 14-day or 60-day
hearing or may agree that such hearings can be held beyond the statutory
deadlines. The temporary suspension shall remain in effect until a
hearing is held or is otherwise dissolved.
(h) Alternative Methods of Service. Upon agreement
of the party to be notified, the Board may utilize electronic means
sent to the current electronic-mail or telecopier number of the party's
attorney of record or of the party if the party is not represented
|Source Note: The provisions of this §80.2 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective September 1, 2016, 41 TexReg 4011; amended to be effective June 19, 2018, 43 TexReg 3887; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963