Section 82.4 - Consumer Complaint Process(a) Definitions. (1) "Complainant" means a person who files a complaint with the OCCC. (2) "Complaint" means a communication received by the OCCC consumer assistance department that expresses dissatisfaction with a transaction or alleges wrongful conduct. For purposes of this section, the OCCC will collect the following items and information regarding a complaint, if available: (A) the complainant's name and contact information; (B) the name of the person against whom the complaint is submitted; (C) the date and place of the alleged misconduct, violation, or transaction; (D) a description of the facts or conduct alleged to violate applicable statutes or rules, and the transaction; and (E) any written documentation supporting the complaint. (3) "Inquiry" means a communication received by the OCCC consumer assistance department that is not a complaint. (4) "OCCC" means the Office of Consumer Credit Commissioner of the State of Texas. (b) Complaint processing. (1) Complaints and inquiries filed with the OCCC are generally considered public information, unless a specific statutory exception applies. (2) Upon receipt of a complaint and at the request of the complainant, the OCCC will make a good faith effort to protect the complainant's identity to the extent possible. (3) The OCCC will determine whether the complaint or inquiry relates to an activity that the OCCC regulates. (4) If the OCCC does not regulate the activity that is the subject of the complaint or inquiry, the OCCC will close the complaint or inquiry and refer the person making the complaint or inquiry to the appropriate regulatory entity, if known. (5) If the OCCC regulates the activity that is the subject of a complaint, the OCCC will send a summary of the complaint and appropriate supporting documentation to the person that is the subject of the complaint. (6) The OCCC will prioritize complaints for purposes of determining the order in which complaints are investigated, taking into account the seriousness of the allegations made in a complaint and the length of time a complaint has been pending. (7) A person that receives a complaint forwarded by the OCCC must respond by the deadline identified by the OCCC when it forwards the complaint. (8) The OCCC will monitor how long each complaint is open, and will make all reasonable efforts to resolve complaints within 90 days of receipt. The OCCC will notify the complainant of their complaint status at least quarterly until final disposition, unless such notice would jeopardize an ongoing complaint analysis, a field investigation, or a pending enforcement action. (9) If the OCCC determines that the complaint is not supported by the evidence, is not within the OCCC's jurisdiction, contains no violation, or is resolved to the satisfaction of the parties, the complaint will be closed. Upon closure, the OCCC will promptly send a closure summary outlining the results of the complaint analysis to all parties to the complaint. (10) The OCCC will notify all parties to the complaint within 10 business days of closing the complaint. (11) A complainant who disagrees with the disposition of a complaint may appeal by sending a written appeal request to the OCCC consumer assistance department within 30 calendar days after the date of the closure summary. Upon receipt of an appeal request, the OCCC will notify the complaint parties of the request, and a senior member of the OCCC consumer protection department will review all information and make a determination regarding the complaint. The OCCC will send a letter of its final findings to the complaint parties. (c) Complaint review and reporting. (1) The OCCC will maintain records of all complaints received in accordance with its retention policy. These records will include the information required in Texas Finance Code, § RSA 14.062. (2) Complaints closed administratively, due to lack of jurisdiction, or due to lack of evidence will be reviewed quarterly by the consumer assistance manager. (3) At least quarterly, the OCCC will submit to the Finance Commission a report of the sources, subjects, types, and dispositions of complaint activity during the preceding period. (4) The OCCC will make available on its website information describing procedures for complaint receipt, investigation, and closure.7 Tex. Admin. Code § 82.4
The provisions of this §82.4 adopted to be effective January 3, 2013, 37 TexReg 10202; Amended by Texas Register, Volume 41, Number 26, June 24, 2016, TexReg 4641, eff. 6/30/2016; Adopted by Texas Register, Volume 44, Number 35, August 30, 2019, TexReg 4715, eff. 9/5/2019