Rule 5.8 - Complaint Filing and Review; Report and Notice of Violation, Penalty, and Sanction(a) A complaint alleging a violation of the Act or Commission rule may be filed by a person with personal knowledge of the alleged violation, by the staff of the Commission, or a court of this State.(b) A complainant, other than Commission staff or a court, must use the complaint form provided on the Commission's website. The complaint must include the name and contact information of the complainant and the respondent, describe the factual basis for any allegations, and include any necessary documentation or other supporting materials or information. The complaint must be signed by the complainant and submitted to the Commission according to the instructions on the Commission's website. Commission staff may request additional information from the complainant and set a deadline for the complainant to submit additional information. If a complainant fails to submit information on or before the deadline, the complaint may be dismissed.(c) Upon receipt of a properly executed complaint, Commission staff must send a copy of the complaint and any attachments to the respondent and direct the respondent to submit a written answer to the complaint under penalty of perjury, within 20 days after receipt of the notice. The notice will be sent to the respondent's last known address in the Commission's records, if applicable. If the respondent is a provisionally certified guardian, Commission staff must also send a copy of the complaint and attachments to the guardian's supervisor. The respondent may request an extension of time to file an answer, but the request must be made before the expiration of the 20-day period. A respondent who fails to submit an answer by the deadline is subject to disciplinary action.(d) The Commission's staff must refer a properly executed complaint and the results of any investigation conducted by the staff to a review committee established by the Commission and comprised of members of the appropriate advisory board.(1) The review committee must hold at least one meeting to review the complaint and answer, make the determination on whether a violation occurred, and impose a penalty, a sanction, or both.(2) The review committee may hold additional meetings to consider a complaint or seek additional information, but it has no obligation to do so. The review committee is not an investigatory body and will generally render its determination to the Commission based on the submissions of the complainant and the respondent and the information gathered by an Office investigation.(3) The complainant and the respondent may attend the review committee's meetings. The chair of the review committee may limit the length of comments made to the Committee.(4) The review committee must state its determination and the imposed penalty or sanction, if any, in writing as proposed findings of fact and conclusions of law, separately stated.(e) The review committee must give the respondent written notice by certified mail of its determination on whether a violation occurred and of each imposed penalty or sanction, if any. The notice will be sent to the respondent's last known address in the Commission's records, if applicable.(f) The notice required under (e) must: (1) include a brief summary of the alleged violation;(2) state the amount of any penalty;(3) state any sanction; and(4) inform the respondent of the respondent's right to a hearing on the occurrence of the violation, the amount of the penalty, or the imposition of the sanction.(g) The Director may dismiss complaints that clearly do not allege misconduct, are not within the Commission's jurisdiction, or allege misconduct which took place more than five years before the complaint was filed. The Director must inform the Commission and the complainant of all dismissals made under this rule. No later than 30 days after the date of the notice of dismissal, the complainant may request in writing that the Commission reconsider the complaint.Tex. R. Judi. Cert. Commi. 5.8
Amended effective 4/12/2018 immediately; amended 11/17/2023 effective immediately.