(a)Initiation.
(1)Complaints submitted to the Board by the public
shall be in writing on the complaint form provided by the Board. Complaints
shall contain at least the following information:
(A)the complainant’s name and contact information;
(B)the name of the person against whom the complaint
is submitted;
(C)the date and place of the alleged violation; and
(D)a description of the facts or conduct alleged to
violate the Act or Board rules.
(2)The Board may investigate violations on its own
initiative.
(b)Preliminary Investigation.
(1)A preliminary investigation may be conducted to
determine:
(A)whether the Board has jurisdiction over the complaint;
and
(B)whether the matter has been resolved as part of
a previous complaint.
(2)The Board has jurisdiction over a complaint if
it alleges conduct that, if true, would constitute a violation of
the Act or Board rules.
(3)The Board does not have jurisdiction over a complaint
that is received after the fourth anniversary of the latest date:
(A)the alleged violation occurred; or
(B)the earlier of when the complainant discovered,
or in the exercise of reasonable diligence should have discovered,
the alleged violation.
(4)If the preliminary investigation shows that the
Board does not have jurisdiction over the complaint, or that the matter
has been resolved as part of a previous complaint, the Board may decline
to initiate an official investigation. The complainant shall be notified
of the reason that the Board declined to initiate an official investigation.
(c)If the Board receives multiple complaints regarding
the same respondent and the same alleged violation, the Board may
combine the complaints. If the Board receives a complaint with multiple
alleged violations, the Board may divide the complaint as needed.
(d)A complainant may withdraw a complaint by submitting
a written request to the Board.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on January 22, 2018
TRD-201800213 Michelle Griffin
General Counsel
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: March 4, 2018
For further information, please call: (512) 305-7573
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