Tex.
Health & Safety Code Section 242.317
Informal Proceedings
(a)
The executive commissioner by rule shall adopt procedures governing:(1)
informal disposition of a contested case under Section 2001.056 (Informal Disposition of Contested Case), Government Code; and(2)
informal proceedings held in compliance with Section 2001.054 (Licenses), Government Code.(b)
Rules adopted under this section must provide the complainant and the license holder an opportunity to be heard.(1)
all persons contacted in relation to the complaint;(2)
a summary of findings made at each step of the complaint process;(3)
an explanation of the legal basis and reason for a complaint that is dismissed; and(4)
other relevant information.(b)
If a written complaint is filed with the board that the board has authority to resolve, the board, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.(c)
The board by rule shall adopt a form to standardize information concerning complaints made to the board. The board by rule shall prescribe information to be provided to a person when the person files a complaint with the board.(d)
The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.(e)
The board shall adopt rules concerning the investigation of complaints filed with the board. The rules adopted under this subsection shall:(1)
distinguish between categories of complaints;(2)
ensure that complaints are not dismissed without appropriate consideration;(3)
require that the board be advised at least quarterly of complaints that have been dismissed and require that a letter be sent to each person who has filed a complaint that is dismissed explaining the action taken on the complaint;(4)
ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and(5)
prescribe guidelines concerning the categories of complaints that may require the use of a private investigator and the procedures for the board to obtain the services of a private investigator.(f)
The board shall dispose of all complaints in a timely manner. The board by rule shall establish a schedule for initiating a complaint investigation that is under the control of the board not later than the 30th day after the date the complaint is received by the board. The schedule shall be kept in the information file for the complaint, and all parties shall be notified of the projected time requirements for pursuing the complaint. A change in the schedule must be noted in the complaint information file and all parties to the complaint must be notified not later than the seventh day after the date the change is made.(g)
The department shall notify the board at least quarterly of complaints that have extended beyond the time prescribed by the board for resolving complaints so that the department may take any necessary corrective actions on the processing of complaints.
Source:
Section 242.317 — Informal Proceedings, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.242.htm#242.317 (accessed Jun. 5, 2024).
