Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 164.005 - Initiation of Charges; Formal Complaint(a) In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.(b) Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.(c) A charge must: (1) be filed with the board's records custodian or assistant records custodian; and(2) detail the nature of the charge as required by this subtitle or other applicable law.(d) The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.(f) A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:(1) enable a person of common understanding to know what is meant by the formal complaint; and(2) give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.(g) The board shall adopt rules to promote discovery by each party to a contested case.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1231,Sec. 12, eff. 9/1/2019. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.