1. (a) Purpose. The purpose of this section is to establish the procedures by which complaints that the department has the authority to resolve are answered.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Complaint--A written complaint that a person believes the department has the authority to resolve, other than a complaint about the quality of services funded by a block grant administered by the department or consumer complaints relating to manufactured housing. Block grant complaints are governed by §1.11 and §1.13 of this title (relating to General Provisions; Complaint System) and manufactured housing consumer complaints are governed by §80.132 of this title (relating to Procedures for Handling Consumer Complaints).
   2. (2) Department--The Texas Department of Housing and Community Affairs.
   3. (3) Person--Any individual, other than an employee of the department, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

3. (c) Procedures. A person who has a written complaint may submit such complaint to the department's director of administration and community affairs or to any employee of the department for submission to the director of administration and community affairs or his designee.

   1. (1) The director of administration and community affairs or his designee assigns a control number to the complaint, reviews the complaint, investigates, or causes an investigation to be completed, and submits the department's findings to the executive director of the department.
   2. (2) The executive director or his designee shall either notify the complainant of the resolution of the complaint within 15 business days after the date the director of administration and community affairs received the complaint, or notify the complainant, within such period, of the date the complaint can be resolved.
   3. (3) The executive director or his designee shall notify the complainant of the status of the complaint at least quarterly and until the final disposition of the complaint unless the notice would jeopardize an undercover investigation.
   4. (4) An information file about each complaint shall be maintained.

Source Note:The provisions of this §1.2 adopted to be effective October 7, 1992, 17 TexReg 6600; amended to be effective April 4, 1994, 19 TexReg 1996; amended to be effective November 25, 1996, 21 TexReg 11103.