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(a)Complaints against licensees. (1)All complaints filed by the public against board licensees must be in writing on a complaint form provided by the board and signed by the complainant. If a complaint is transmitted to the board orally or by means other than in writing and the complaint alleges facts showing a continuing or imminent threat to the public welfare, the requirement of a written complaint may be waived until later in the investigative process. (2)The board may file a complaint on its own initiative. (3)Complaints by the board's enforcement section shall be initiated by the opening of a complaint file. (4)Anonymous written complaints will normally not be investigated, but may be investigated if sufficient information exists for the board to file a complaint under paragraph (2) of this subsection. (5)The board shall utilize violation code numbers to distinguish between categories of complaints. (b)Complaints against non-licensees. Complaints against persons alleged to be practicing veterinary medicine without a license may be investigated and resolved informally by the executive director with the consent of the non-licensee, or the Board may utilize formal cease and desist procedures specified in §801.508, Occupations Code. Complaints not resolved by the executive director may be referred to a local prosecutor or the attorney general for legal action, as well as addressed in §801.508 of the Occupations Code. (c)Report to the board of dismissed complaints. The executive director or the executive director's designee shall advise the board at each scheduled meeting of the complaints dismissed since the last meeting. (d)Use of Private Investigators. The executive director may approve the use of private investigators to assist in investigation of complaints where the use of board investigators is not feasible or economical or where private investigators could provide valuable assistance to the board investigators. Private investigators may be utilized in cases involving honesty, integrity and fair dealing; reinstatement applications; solicitation; fraud; dangerous drugs and controlled substances; and practicing veterinary medicine without a license. Private investigators will be utilized in accordance with existing purchasing rules of the Comptroller of Public Accounts.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on June 23, 2008
TRD-200803294 Loris
Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 13, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 305-7563
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