Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Chapter 139 - ENFORCEMENT
Subchapter B - COMPLAINT PROCESS AND PROCEDURES
Section 139.17 - Investigating a Complaint

Universal Citation: 22 TX Admin Code ยง 139.17

Current through Reg. 49, No. 38; September 20, 2024

(a) The board staff shall be responsible for investigating the complaint including determining the need for and obtaining any additional evidence that may be required to proceed with disciplinary action.

(b) Board staff and persons acting in the official capacity of the board have authority to:

(1) informally or formally request information and documentation from the involved parties;

(2) perform site visits or inspections to investigate the complaint;

(3) contract technical consultants and other services to investigate and evaluate aspects of the complaint or evidence;

(4) subpoena information, as required;

(5) seek the assistance of local and state law enforcement authorities; and/or

(6) seek out any other investigative action needed to assist in the resolution of the complaint.

(c) Upon determination that sufficient evidence exists to indicate that a violation of law or rules may have occurred, the executive director shall notify the person or entity by personal service or by certified or registered mail of the alleged violation. The respondent will be afforded the opportunity to respond to the complaint to show that the actions which precipitated the complaint are not in violation of the Acts or board rules.

(d) At any time before a complaint is resolved, board staff may conduct further investigation including, but not limited to, obtaining second or third opinions, obtaining supporting documents, or interviewing other witnesses, depending on the case at hand.

(e) If the board staff intends to dismiss the complaint because the investigation of the complaint does not produce sufficient evidence to substantiate a violation of the Acts or board rules, the board staff will inform the complainant of the rationale for the determination prior to reporting the dismissal to the board.

(f) Withdrawal of a complaint shall not be a reason to terminate or disrupt an ongoing investigation.

(g) At least quarterly until final disposition of the complaint, the board shall notify the parties to the complaint of the complaint status, unless the notice would jeopardize an undercover investigation, and such notation shall be included in the complaint file.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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