(a) The board shall initiate or receive and investigate
a complaint against a license or registration holder or other person
who may have violated the Act or board rules.
(b) The board shall maintain the confidentiality of
the complaint from receipt through the investigation of the complaint.
The complaint information will no longer be confidential after formal
charges are filed with the State Office of Administrative Hearings
or after the investigative file is closed. The following documents
in an investigative file are releasable to a respondent or an attorney
representing the respondent before the Board during the informal resolution
process of a complaint: copies of the original complaint documentation;
copies of communications to or from the Board and the complainant,
the respondent, witnesses, technical experts used by the Board to
advise on the complaint issues, and private or public entities regarding
requests for records, documents, or information regarding the complaint;
and witness interview reports.
(c) The provisions of the Acts and the provisions of
the Administrative Procedure Act , Chapter 2001, Texas Government
Code, shall apply to the conduct of all investigations and administrative
actions in the board's processing of a complaint. In addition, the
board may promulgate other procedural rules consistent with the Acts
or Chapter 2001, Texas Government Code.
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Source Note: The provisions of this §139.11 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10178; amended to be effective December 25, 2020, 45 TexReg 9206 |