40 Tex. Admin. Code § 807.302

Current through Reg. 49, No. 49; December 6, 2024
Section 807.302 - Complaints and Investigations
(a) The Agency may investigate or refer to other authorities with jurisdiction to investigate, as appropriate, all complaints received about a school, whether licensed or unlicensed.
(b) The Agency may determine the extent of investigation needed by considering various factors, such as:
(1) the seriousness of the alleged violation;
(2) the source of the complaint;
(3) the school's history of compliance and complaints;
(4) the timeliness of the complaint;
(5) the feasibility of investigations; and
(6) any other reasonable matter deemed appropriate.
(c) The Agency may require adequate documentation or other evidence of the violation before initiating a complaint investigation. Notwithstanding subsection (a) of this section, anonymous complaints will not be investigated but will be reviewed to identify any action needed.
(d) Unless good cause is shown, a complaint is timely only if it is filed with the Agency while the student who files the complaint is enrolled or within two years of the date the student withdraws, terminates, or graduates from the course that is the subject of the complaint. Good cause includes, but is not limited to, fraud. If a complaint is not timely, the Agency may decline to investigate it.
(e) The investigation fee authorized by the Act is based on a per site visit. The school director shall be notified that an on-site visit was conducted when the investigation results in assessment of a fee.

40 Tex. Admin. Code § 807.302

The provisions of this §807.302 adopted to be effective August 28, 2006, 31 TexReg 6803; amended to be effective January 23, 2012, 37 TexReg 200; Amended by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7926, eff. 11/28/2022