(a)Complaints against licensees. (1)All complaints filed by the public against Board [ board] licensees must be in writing on a complaint form provided by the board and signed by the complainant. The Board-approved complaint form can be obtained free of charge from the Board office or downloaded from the Board's website at http://www.tbvme.state.tx.us. If a complaint is transmitted to the Board [board] orally or by means other than in writing and the complaint alleges facts showing a continuing of imminent threat to the public welfare, the requirement of a written complaint may be waived until later in the investigative process. (2)The Board [board] may file a complaint on its own initiative. (3)Complaints by the Board [board's] enforcement section shall be initiated by the opening of a complaint file. (4)Anonymously [Anonymous] written complaints will normally not be investigated, but may be investigated if sufficient information exists for the Board [board] to file a complaint under paragraph (2) of this subsection. (5)The Board [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 [board] of dismissed complaints. The executive director or the executive director's designee shall advise the Board [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 [board] investigators is not feasible or economical or where private investigators could provide valuable assistance to the Board [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 proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 26, 2011
TRD-201103486 Loris Jones
Executive Assistant
Texas Board of Veterinary Medical
Examiners
Earliest possible date of adoption: October 9, 2011
For further information, please call: (512) 305-7563
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