Tex. Occ. Code Section 1002.202
Complaints


(a)

A person may file a complaint alleging a violation of this chapter or a rule adopted under this chapter.

(b)

A complaint from a member of the public must be:

(1)

in writing;

(2)

sworn to by the person making the complaint; and

(3)

filed with the secretary-treasurer or electronically through the board’s Internet website.

(c)

A complaint that is initiated by the board or board staff must be:

(1)

in writing; and

(2)

signed by the person who became aware of information that may indicate a violation.

(d)

A complaint must contain sufficient information for the board to determine whether the board has the jurisdiction and authority to resolve the complaint. If the board does not have the jurisdiction and authority, the board shall dismiss the complaint. A complaint must have sufficient information for the board to commence an investigation, though the amount of information ultimately required for the board to determine the validity of the complaint may be more than the information initially included with the complaint.

(d-1)

The board shall accept a complaint regardless of whether the complaint is notarized.

(e)

The board shall maintain the confidentiality of a complaint from the time of receipt through the conclusion of the investigation of the complaint. Complaint information is not confidential after the date formal charges are filed.

(f)

For any complaint determined to be frivolous or without merit, the complaint and other information related to the complaint are confidential. The information is not subject to discovery, subpoena, or other disclosure. A complaint is considered to be frivolous if the executive director and investigator, with board approval, determine that the complaint:

(1)

was made for the likely purpose of harassment; and

(2)

does not demonstrate apparent harm to any person.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 733 (S.B. 138), Sec. 2, eff. September 1, 2013.

Source: Section 1002.202 — Complaints, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1002.­htm#1002.­202 (accessed Jun. 5, 2024).

1002.001
Short Title
1002.002
Definitions
1002.003
Application of Sunset Act
1002.004
Application of Chapter
1002.051
Board Membership
1002.052
Member Eligibility
1002.053
Membership and Employee Restrictions
1002.054
Terms
1002.055
Grounds for Removal
1002.056
Reimbursement for Travel Expenses
1002.057
Officers
1002.058
Office
1002.059
Meetings
1002.060
Training
1002.101
Executive Director
1002.102
Receipts and Disbursements
1002.103
Division of Responsibilities
1002.104
Qualifications and Standards of Conduct Information
1002.105
Career Ladder Program
1002.106
Equal Employment Opportunity Policy
1002.151
General Rulemaking Authority
1002.152
Fees
1002.153
Code of Professional Conduct
1002.154
Enforcement
1002.155
Recognition of Use of Designations
1002.156
Establishment of Disciplines
1002.157
Agreements to Develop Uniform Standards
1002.158
Authority to Incur Administrative Expenses
1002.159
Roster of License Holders
1002.160
List of Governmental Entities with Comparable Requirements and with Which Reciprocity Agreements Exist
1002.201
Public Interest Information
1002.202
Complaints
1002.203
Records of Complaints
1002.204
Complaint Investigation and Disposition
1002.205
Public Participation
1002.206
Complaint Education
1002.207
Duty of State Agency to Report Potential Violation
1002.251
License Required
1002.252
Exemptions
1002.253
License Application
1002.254
Examinations
1002.255
License Eligibility
1002.256
Qualifying Work Experience
1002.257
Reciprocal License
1002.258
Temporary License
1002.259
Waiver of Requirements
1002.260
Confidentiality of Certain Information
1002.261
Issuance of License
1002.262
License Duration
1002.263
Seal
1002.264
Replacement of Lost, Destroyed, or Mutilated License
1002.301
License Renewal
1002.302
Continuing Professional Education
1002.351
Public Practice of Geoscience by Firm or Corporation
1002.352
Geoscientist in Training
1002.353
Advisory Opinions
1002.401
Denial of License
1002.402
Grounds for Disciplinary Action
1002.403
Disciplinary Actions
1002.404
Right to Hearing
1002.405
Reinstatement
1002.451
Imposition of Penalty
1002.452
Amount of Penalty
1002.453
Administrative Procedure
1002.454
Options Following Final Order: Pay or Appeal
1002.455
Collection of Penalty
1002.456
Judicial Review
1002.457
Remittance of Penalty and Interest
1002.501
Injunction
1002.1511
Negotiated Rulemaking

Accessed:
Jun. 5, 2024

§ 1002.202’s source at texas​.gov