1. (a) If the Department receives any complaint, it shall investigate it by appropriate means, including the conducting of a complaint inspection. Any complaint inspection will be conducted after giving the Operator notice of the inspection and an opportunity to be present. The complainant will be contacted by the Department within ten (10) days of making a complaint or, if a possible safety or health issue is involved, as promptly as reasonably possible.

2. (b) A licensee, through its Operator, shall be provided a copy of any complaint (or, if the complaint was made verbally, a summary of the matter) and given a reasonable opportunity to respond. Generally, this shall be ten (10) business days.

   1. (1) Complaints may be made in writing or by telephone to 1-877-724-5676.
   2. (2) Complaints may be made in Spanish or in English.
   3. (3) To the fullest extent permitted by applicable law, the identity of any complaint shall be maintained as confidential (unless the complainant specifically consents to the disclosure of their identity or requests that the Department disclose their identity).
   4. (4) Licensees and operators shall not engage in any retaliatory action against an occupant for making a complaint in good faith.
   5. (5) A Licensee shall post in at least one conspicuous location in a facility the following notice in at least 20 point bold face type: If you have concerns or problems with the condition or operation of this facility or your unit, the Texas Department of Housing and Community Affairs (the "Department") is the state agency that licenses and oversees this facility. You may make a complaint to the Department by calling, toll-free, 1-877-724-5676, or by writing to Migrant Labor Housing, TDHCA, 4413 82nd Street, Lubbock, TX 79424-3366. This office has staff that speaks Spanish. To the fullest extent that we can, we will keep your identity confidential. The Department's rules prohibit any facility or operator from retaliating against you for making a complaint. Si Usted tiene preocupaciones o problemas con la condición u operación de esta instalación o su unidad, el Departamento de Vivienda y Asuntos Comunitarios del Estado de Texas (El Departamento o TDHCA) es la agencia que da licencia y supervisa esta instalacion. Usted puede mandar sus quejas al Departamento por teléfono gratuitamente por marcando 1-877-724-5676 u escribiendo a Migrant Labor Housing, TDHCA, 4412 82nd Street, Lubbock, TX 79424-3366. La oficina tiene personal que habla español. A lo mas posible que podemos, protegeremos su identidad. Las regulaciones del Departamento prohíben cualquier represalias por la instalación u el operador contra personas que se quejen contra ellos.
3. (c) If any complaint involves matters that could pose an imminent threat to health or safety, all time frames shall be accelerated, and such complaint shall be addressed as expeditiously as possible.
4. (d) The Department may conduct interviews, including interviews of operators and occupants, and review such records as it deems necessary to investigate a complaint.
5. (e) The Department shall review the findings of any inspection and its review and, if it finds a violation of the Act or these rules to have occurred, issue a notice of violation.
6. (f) A notice of violation and order will be sent to the Licensee to the attention of the Operator.

7. (g) The notice of violation will set forth:

   1. (1) The complaint or other matter made the subject of the notice;
   2. (2) The findings of fact;
   3. (3) The specific provisions of the Act and or these rules found to have been violated;
   4. (4) The required corrective action;
   5. (5) Any administrative penalty or other sanction to be assessed; and
   6. (6) The timeframe for the Licensee either to agree to the recommended corrective action, and accept the administrative penalties and/or sanctions or appeal or to appeal the matter.

8. (h) The order will set forth:

   1. (1) The complaint or other matter made the subject of the order;
   2. (2) The findings of fact;
   3. (3) The specific provisions of the Act and or these rules found to have been violated;
   4. (4) The required corrective action;
   5. (5) Any administrative penalty or other sanction assessed; and
   6. (6) The date on which the order becomes effective if not appealed or otherwise resolved.

Source Note:The provisions of this §90.5 adopted to be effective January 8, 2006, 30 TexReg 8873.