22 Tex. Admin. Code § 203.41 - Investigations
(a) Upon receiving a written complaint, the
complaint is given a complaint number and assigned to an Investigator for
review. The Investigator performs an initial analysis to determine if the
Commission has jurisdiction over the alleged violation and whether a violation
of a statute or rule may have occurred.
(b) If the Investigator, in consultation with
the Staff Attorney, determines that the Commission does not have jurisdiction
of the matter or that the complaint does not reflect a violation, the case is
administratively closed.
(c) If the
Investigator, in consultation with the Staff Attorney, determines that the
Commission has jurisdiction of the matter and that the complaint reflects a
violation, the Investigator will send a summary of the complaint to the
Respondent(s) along with a letter which outlines the alleged violation(s) and
requests a written narrative response and relevant documents. A redacted copy
of the complaint may be provided to the Respondent upon request. The
Respondent(s) has 15 days from receipt of the letter to respond.
(d) In the course of the investigation or
upon request of the Staff Attorney, the Investigator may request additional
information from the Complainant, the Respondent(s), or any
witnesses.
(e) The Investigator
will prepare an Investigative Report (Report) for the Staff Attorney's review.
The Report must contain the Investigator's findings and any applicable
administrative penalties or license sanctions based upon the Administrative
Penalties and Sanctions Schedule under §
203.43 of this title.
Notes
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