7 Tex. Admin. Code § 51.3 - Complaint Resolution and Disposition
(a) If the Department determines the
complaint is not supported by the evidence, is not within the Department's
jurisdiction, contains no violation, or is resolved to the satisfaction of the
parties, the complaint will be closed.
(b) If the Department determines the
complaint is sufficiently supported by the evidence and justifies enforcement
action, the complaint will be closed and referred for an enforcement
action.
(c) The Department will
notify all parties to the complaint within 10 business days of closing the
complaint (closing notice). However, if the complaint is closed with a referral
for an enforcement action, the respondent in such enforcement action will be
notified by and through the enforcement action only, and will not receive a
separate closing notice.
(d) A
complainant who disagrees with the disposition of a complaint may appeal by
sending a written appeal request to the Department's division for consumer
assistance within 90 calendar days after the date the closing notice was
issued. Upon receipt of a timely appeal request, a senior member of the
Department's division for consumer assistance or other qualified employee
designated by the Commissioner will review all information and make a
determination regarding the complaint. Unless such review results in a new
determination, this review will be considered final and may not be appealed
further with the Department. The Department will provide the complainant with
written notice concerning the results of a review performed in accordance with
this subsection.
Notes
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