Sec. 1951.252. COMPLAINTS. (a) The department by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department under this chapter. The department may provide for that notice:
(1) on each license form, application, or written contract for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or
(3) in a bill for services provided by a person regulated under this chapter.
(b) The department shall keep an information file about each complaint filed with the department under this chapter that the department has authority to resolve.
(c) If a written complaint is filed with the department under this chapter that the department has authority to resolve, the department, at least 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.
(d) The department shall provide to a license holder against whom a complaint has been filed under this chapter:
(1) the allegations made against the license holder in the complaint; and
(2) on the license holder's request, any information obtained by the department in its investigation of the complaint.
(e) The department shall provide the information required under Subsection (d) in a timely manner to allow the license holder time to respond to the complaint.
(f) The commissioner may allow an authorized employee of the department to dismiss a complaint if an investigation demonstrates that:
(1) a violation did not occur; or
(2) the subject of the complaint is outside the department's jurisdiction under this chapter.
(g) An employee who dismisses a complaint under Subsection (f) shall report the dismissal to the commissioner. The report must include a sufficient explanation of the reason the complaint was dismissed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.28, eff. September 1, 2007.
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