16 Tex. Admin. Code § 403.600 - Complaint Review Process
(a)
Purpose. This section implements §
467.111 of the Texas
Government Code, which requires the commission to maintain a system to promptly
and efficiently act on each complaint filed with the commission and by rule
adopt and publish procedures governing the entire complaint process from
submission to disposition. The Lottery Operations Division shall manage the
process for all complaints relating to any commission activities, regardless of
the affected commission division or subject matter. The Lottery Operations
Division may adopt written procedures to further implement the requirements of
§467.111 and this section.
(b)
Complaint Intake. Complaints must be submitted by mail, email, voice mail on a
dedicated voice mailbox, in person, or fax.
(1) All complaints shall be monitored through
the complaint tracking system and all jurisdictional complaints will be
tracked, from initial intake or discovery of the complaint to final
disposition. A jurisdictional complaint is a complaint which alleges a
violation of the State Lottery Act (Government Code, Chapter 466), the Bingo
Enabling Act (Occupations Code, Chapter 2001), commission rules, or any other
applicable provisions of the Texas Government Code or the Texas Administrative
Code under which the commission has the authority to interpret and apply the
law.
(2) The commission shall make
available information on how to file a complaint on the commission's internet
website, intranet, at commission claim centers, Bingo regional offices,
licensed lottery retail locations, bingo playing locations, and the commission
headquarters.
(3) Commission staff
shall maintain and monitor a toll-free telephone number during normal working
hours to assist complainants. Commission staff may also maintain and monitor a
dedicated voice mailbox to assist with complaint intake.
(c) Complaint Processing. The commission
requires specific information to process and investigate a complaint.
Commission staff will review all complaints to ensure they are jurisdictional
and include the complainant's name, mailing address, and contact phone number.
If a complaint is received without all necessary information, the staff will
make reasonable efforts to contact the complainant and obtain the necessary
information. Non-jurisdictional complaints will be entered in the complaint
tracking system as contacts along with an explanation why the complaint is
non-jurisdictional, but will not be referred for investigation or follow-up.
Staff will notify the complainant verbally or in writing that the complaint is
non-jurisdictional.
(d) If the
complaint is jurisdictional and contains the required information, the
complaint will be entered in the complaint tracking system and referred to the
appropriate commission division or department for investigation or follow-up.
Commission staff will provide an acknowledgement notification verbally or in
writing to the complainant after the complaint is processed. Commission staff
will provide periodic ongoing complaint status updates verbally or in writing.
A closing notification will be provided to the complainant verbally or in
writing when the complaint is closed.
(e) Complaint Analysis and Reports. The
commission staff will maintain a comprehensive database of complaints in order
to identify trends or issues related to violations of state laws under the
commission's jurisdiction.
(1) At least once
each biennium, designated commission staff will generate a trend analysis
report. The report will:
(A) categorize
complaints based on the type of violation alleged;
(B) track each complaint from submission to
disposition;
(C) evaluate the
effectiveness of the commission's enforcement process; and
(D) include any additional information the
commission considers necessary.
(2) The trend analysis report shall be made
available to the public.
(f) Americans with Disabilities Act
Complaints. Notwithstanding the foregoing, all complaints to the commission
regarding Americans with Disabilities Act violations are governed by the
provisions of §
401.407 of this title (relating to
Complaints Relating to Non-accessibility), and not this section.
Notes
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