16 Tex. Admin. Code § 403.600
Current through Register Vol. 49, No. 48, November 29, 2024
Section 403.600 - Complaint Review Process(a) Purpose. This section implements § RSA 467.111 of the Texas Government Code, which requires the commission to maintain a system to promptly and efficiently act on each complaint filed with the commission and by rule adopt and publish procedures governing the entire complaint process from submission to disposition. The Lottery Operations Division shall manage the process for all complaints relating to any commission activities, regardless of the affected commission division or subject matter. The Lottery Operations Division may adopt written procedures to further implement the requirements of §467.111 and this section.(b) Complaint Intake. Complaints must be submitted by mail, email, voice mail on a dedicated voice mailbox, in person, or fax. (1) All complaints shall be monitored through the complaint tracking system and all jurisdictional complaints will be tracked, from initial intake or discovery of the complaint to final disposition. A jurisdictional complaint is a complaint which alleges a violation of the State Lottery Act (Government Code, Chapter 466), the Bingo Enabling Act (Occupations Code, Chapter 2001), commission rules, or any other applicable provisions of the Texas Government Code or the Texas Administrative Code under which the commission has the authority to interpret and apply the law.(2) The commission shall make available information on how to file a complaint on the commission's internet website, intranet, at commission claim centers, Bingo regional offices, licensed lottery retail locations, bingo playing locations, and the commission headquarters.(3) Commission staff shall maintain and monitor a toll-free telephone number during normal working hours to assist complainants. Commission staff may also maintain and monitor a dedicated voice mailbox to assist with complaint intake.(c) Complaint Processing. The commission requires specific information to process and investigate a complaint. Commission staff will review all complaints to ensure they are jurisdictional and include the complainant's name, mailing address, and contact phone number. If a complaint is received without all necessary information, the staff will make reasonable efforts to contact the complainant and obtain the necessary information. Non-jurisdictional complaints will be entered in the complaint tracking system as contacts along with an explanation why the complaint is non-jurisdictional, but will not be referred for investigation or follow-up. Staff will notify the complainant verbally or in writing that the complaint is non-jurisdictional.(d) If the complaint is jurisdictional and contains the required information, the complaint will be entered in the complaint tracking system and referred to the appropriate commission division or department for investigation or follow-up. Commission staff will provide an acknowledgement notification verbally or in writing to the complainant after the complaint is processed. Commission staff will provide periodic ongoing complaint status updates verbally or in writing. A closing notification will be provided to the complainant verbally or in writing when the complaint is closed.(e) Complaint Analysis and Reports. The commission staff will maintain a comprehensive database of complaints in order to identify trends or issues related to violations of state laws under the commission's jurisdiction.(1) At least once each biennium, designated commission staff will generate a trend analysis report. The report will:(A) categorize complaints based on the type of violation alleged;(B) track each complaint from submission to disposition;(C) evaluate the effectiveness of the commission's enforcement process; and(D) include any additional information the commission considers necessary.(2) The trend analysis report shall be made available to the public.(f) Americans with Disabilities Act Complaints. Notwithstanding the foregoing, all complaints to the commission regarding Americans with Disabilities Act violations are governed by the provisions of § RSA 401.407 of this title (relating to Complaints Relating to Non-accessibility), and not this section.16 Tex. Admin. Code § 403.600
The provisions of this §403.600 adopted to be effective January 1, 2014, 38 TexReg 9552; Amended by Texas Register, Volume 46, Number 26, June 25, 2021, TexReg 3872, eff. 6/30/2021