(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
[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 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 [Board]
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.
(6)The Board may not consider
a complaint that is filed with the Board after the fourth anniversary
of the date:
(A)the act that is the basis of the complaint
occurred; or
(B)the complainant discovered, or in the
exercise of reasonable diligence should have discovered, the occurrence
of the act that is the basis of the complaint.
(b)Complaints against non-licensees. Complaints against
persons alleged to be practicing veterinary medicine or equine
dentistry 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 or equine dentistry 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 February 3, 2012
TRD-201200573 Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: March 18, 2012
For further information, please call: (512) 305-7563
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