Texas Occupations Code - Section 164.005. Initiation Of Charges; Formal Complaint
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§ 164.005. INITIATION OF CHARGES; FORMAL COMPLAINT. (a)
In this section, "formal complaint" means a written statement made
by a credible person under oath 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 be in the form of a written affidavit that:
(1) is filed with the board's records custodian or
assistant records custodian; and
(2) details 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
Section: 164.0025 164.003 164.0031 164.0032 164.0035 164.0036 164.004 164.005 164.006 164.007 164.0071 164.008 164.009 164.010 164.011
Last modified: August 10, 2007
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