22 Tex. Admin. Code § 575.27

Current through Reg. 49, No. 49; December 6, 2024
Section 575.27 - Complaints
(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 second 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.

22 Tex. Admin. Code § 575.27

The provisions of this §575.27 adopted to be effective July 22, 2001, 26 TexReg 5252; amended to be effective November 7, 2004, 29 TexReg 10268; amended to be effective November 8, 2005, 30 TexReg 7226; amended to be effective July 17, 2006, 31 TexReg 5618; amended to be effective March 8, 2007, 32 TexReg 1315; amended to be effective November 25, 2007, 32 TexReg 8311; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective November 20, 2011, 36 TexReg 7668; amended to be effective June 20, 2012, 37 TexReg 4426; Amended by Texas Register, Volume 40, Number 46, November 13, 2015, TexReg 8030, eff. 11/22/2015; Adopted by Texas Register, Volume 43, Number 19, May 11, 2018, TexReg 3098, eff. 5/15/2018