1. (a) Any person may file allegations with the commission concerning any licensee's violation of Texas Occupations Code, Chapter 651, the rules promulgated by the commission, or Texas Health and Safety Code Chapters 193, 361, 711 - 715, or Texas Finance Code Chapter 154. A form will be furnished for the purpose of filing the allegation in writing and will include space for the following information:

   1. (1) the name and business address of the person or establishment complained of;
   2. (2) the time and place where acts occurred;
   3. (3) the nature of the acts set out in sufficient detail to enable the commission to investigate the complaint and the person or entity complained of to identify the incident and prepare a defense;
   4. (4) the names, addresses, and telephone numbers of any persons who witnessed the acts; and/or;
   5. (5) any pertinent contracts, photographs, letters advertisements or other documents.

2. (b) The executive director shall supervise all investigations by the commission. The executive director shall issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, documents and/or other material relevant to an investigation or any hearing requested by a licensee in the appeal of a decision by the commission; or any investigation, arbitration, or prosecution of a violation of the statutes and rules within the jurisdiction of the commission in circumstances where:

   1. (1) the items in this subsection have been requested by the commission, but have not been furnished; or
   2. (2) a subpoena or subpoena duces tecum may be issued when there is a fear that such items in this subsection may be deliberately destroyed or hidden, evidenced by the failure or refusal of a licensee to produce demanded documents voluntarily.

Source Note:The provisions of this 201.7 adopted to be effective December 1, 1993, 18 TexReg 8532; amended to be effective August 23, 2001, 26 TexReg 6104; amended to be effective December 23, 2001, 26 TexReg 10279.