22 Tex. Admin. Code § 367.15 - Investigating Complaints
(a) Purpose and
Reference to Applicable Law. This section implements the Board's processes and
procedures for investigating complaints alleging violations of the PLL or Board
Rules. The Board will investigate complaints from the public validly filed in
accordance with Board Rules. The Board may also open a complaint investigation
on its own initiative. This section also implements the Board's investigative
procedures for prioritizing the investigation of complaints in accordance with
§1301.303(e) of the PLL.
(b)
The Board may utilize its Field Representatives, Director of Enforcement or
staff to investigate an alleged violation of the Plumbing License Law or Board
Rules by a person who:
(1) is registered or
licensed under the PLL;
(2) is the
owner of a company subject to the PLL;
(3) performs plumbing without holding a
registration or license under the PLL; or
(4) advertises or otherwise offers to perform
plumbing work without holding a license under the PLL.
(c) Prioritization of Complaints. Field
Representatives will prioritize the investigation of complaints filed with the
Board above their other enforcement activities and duties. Specifically,
complaints will be investigated based on the investigation priority number they
are assigned in accordance with Board Rules as follows:
(1) Priority 1 complaints will be
investigated before any other complaints, and will be investigated in order
based upon the potential for harm to the public's health or safety, from
greatest to least, as determined in the sole discretion of the Field
Representative to whom the complaint is assigned, in consultation with the
Director of Enforcement.
(2)
Priority 2 complaints will be investigated before any Priority 3 complaints,
and will be investigated in order based upon the potential for harm to the
public's health or safety, from greatest to least, as determined in the sole
discretion of the Field Representative to whom the complaint is assigned, in
consultation with the Director of Enforcement.
(3) Priority 3 complaints will be
investigated when there are not Priority 1 or Priority 2 cases open and pending
and requiring active investigation by the Field Representative to whom they are
assigned, except as provided by paragraph (5) of this subsection.
(4) The Field Representative will not conduct
on-site license and registrations checks for so long as a Priority 1 or
Priority 2 complaint to which they have been assigned is open and pending and
requires active investigation by the Field Representative, except as provided
by paragraph (6) of this subsection.
(5) The Field Investigator may investigate a
complaint having a higher investigation priority number contemporaneously with
the investigation of a lower investigation priority number; provided, the
complaints arise from the same area or will otherwise result in gains in
administrative efficiency without imposing substantial delays in investigating
complaints with a lower investigation priority number that would expose the
public to additional risk of harm, as determined in the sole discretion of the
Field Representative, in consultation with the Director of
Enforcement.
(6) The Field
Investigator may conduct on-site license and registration checks
contemporaneously with and en route to investigating a complaint; provided the
Field Representative determines that said checks will not impose substantial
delays in investigating complaints filed with the Board and will not expose the
public to additional risk of harm, as determined in the sole discretion of the
Field Representative, in consultation with the Director of
Enforcement.
(d)
Cooperation Required. Licensees and registrants must cooperate with the Board
and its Field Representatives during the investigation of a
complaint.
(e) Complaint
Statistics. The Director of Enforcement will maintain a file for each written
complaint alleging a violation of the Plumbing License Law or Board Rules filed
with the Board and determined to be within the Board's jurisdiction. The files
are subject to the agency's record retention schedule and must include:
(1) the source of the complaint;
(2) the complaint and all documents
submitted;
(3) the date the
complaint is received by the agency;
(4) the investigation priority number
assigned;
(5) the evidence
collected during the investigation of the complaint;
(6) the geographic area, including the name
of any municipality and the county in which the conduct that is the subject of
the complaint occurred;
(7) the
name of each person contacted in relation to the complaint;
(8) a summary of the results of the review or
investigation of the complaint; and
(9) an explanation of the reason the file was
closed, if the agency closed the file without taking action other than to
investigate the complaint.
(f) The Director of Enforcement will review
the statistical information available in the complaint files to identify
geographical areas of concern where enforcement activities should be focused
and make recommendations to the Executive Director for addressing such areas
utilizing the resources available to the agency.
(g) Following the investigation of a
complaint, the Director of Enforcement and staff will review the findings of
the investigation with recommendations for disposition of the
complaint..
Notes
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