RULE §367.8 Investigation of Complaints


Published: 2015

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(a) In accordance with the Memorandum of Understanding with the Texas Department of Licensing and Regulation, described in §1301.259 of the Plumbing License Law:   (1) the Board's Field Representatives and the Texas Department of Licensing and Regulation enforcement officers are authorized to perform on-site checks of the licenses, registrations and endorsements held by persons practicing occupations regulated by either agency and report alleged violations to the agency regulating the occupation; and   (2) the Board and the Texas Department of Licensing and Regulation shall conduct joint investigations, as circumstances require. (b) The Board may utilize its Field Representatives, Director of Enforcement and Enforcement Committee, as appropriate, to investigate an alleged violation of the Plumbing License Law or Board Rules by a person who:   (1) is registered or licensed under the Plumbing License Law; or   (2) performs plumbing without holding a registration or license under the Plumbing License Law. (c) The Director of Enforcement shall maintain a file and computer records on each written complaint alleging a violation of the Plumbing License Law or Board Rules filed with the board. The file and computer records are subject to the agency's record retention schedule and must include:   (1) the source of the complaint;   (2) the name of the person who filed the complaint;   (3) the date the complaint is received by the agency;   (4) the type and subject matter of the complaint;   (5) the geographic area, including the name of any municipality and the county in which the conduct that is the subject of the complaint occurred;   (6) the name of each person contacted in relation to the complaint;   (7) a summary of the results of the review or investigation of the complaint; and   (8) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint. (d) The Director of Enforcement shall review the statistical information available in the complaint files and computer records, described in subsection (c) of this section, to identify geographical problem areas of the state where enforcement should be focused and make recommendations to the Enforcement Committee and the Executive Director for addressing the problems utilizing the resources available to the agency. (e) Upon receipt of a complaint, the Director of Enforcement shall assign a priority of investigation to the complaint, with the highest priorities based on:   (1) any existing conditions that pose an immediate risk to public health, safety or property; and   (2) the possible loss of evidence that may occur if the complaint was investigated only in relation to the order that it was received; and   (3) complaints which do not contain existing conditions that pose an immediate risk or possible loss of evidence, as described in subsection (e)(1) or (e)(2) of this section, shall be investigated in relation to the order in which the complaint was received. (f) The Director of Enforcement shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the agency's policies and procedures relating to complaint investigation and resolution. (g) The Director of Enforcement shall track each complaint and, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation, unless the notice would jeopardize an undercover investigation. (h) Following the investigation of a complaint, the Director of Enforcement shall refer the findings of the investigation with recommendations for disposition of the complaint to the Enforcement Committee.

Source Note: The provisions of this §367.8 adopted to be effective August 11, 2004, 29 TexReg 7703