Tex.
Occ. Code Section 164.005
Initiation of Charges; Formal Complaint
(a)
In this section, “formal complaint” means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board’s jurisdiction.(b)
Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.(c)
A charge must:(1)
be filed with the board’s records custodian or assistant records custodian; and(2)
detail the nature of the charge as required by this subtitle or other applicable law.(d)
The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent’s counsel of record.(e)
The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.(f)
A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:(1)
enable a person of common understanding to know what is meant by the formal complaint; and(2)
give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.(g)
The board shall adopt rules to promote discovery by each party to a contested case.
Source:
Section 164.005 — Initiation of Charges; Formal Complaint, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.164.htm#164.005 (accessed Jun. 5, 2024).
