(a) The board shall initiate or receive and investigate a complaint against a license holder or other person who may have violated the Act or board rules. (b) The board shall maintain the confidentiality of the complaint from receipt through the investigation of the complaint. The complaint information will no longer be confidential after formal charges are filed with the State Office of Administrative Hearings or after the investigative file is closed. The following documents in an investigative file are releasable to a respondent or an attorney representing the respondent before the Board during the informal resolution process of a complaint: copies of the original complaint documentation; copies of communications to or from the Board and the complainant, the respondent, witnesses, technical experts used by the Board to advise on the complaint issues, and private or public entities regarding requests for records, documents, or information regarding the complaint; and witness interview reports. (c) The provisions of the Act and the provisions of the Administrative Procedure Act, Chapter 2001, Texas Government Code, shall apply to the conduct of all investigations and administrative actions in the board's processing of a complaint. In addition, the board may promulgate other procedural rules consistent with the Act or Chapter 2001, Texas Government Code.
Source Note: The provisions of this §139.11 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10178