1. (a) Complaints shall be submitted to the board in writing and may be made on the agency's complaint form as described in §213.1 of this title (relating to Definitions, "Complaint forms"). Complainants shall be invited to explain their allegations.
2. (b) A preliminary investigation shall be conducted to determine the identity of the person named or described in the complaint.

3. (c) Complaints shall be assigned a priority status:

   1. (1) Priority 1--those indicating that credible evidence exists showing a violation of the NPA involving actual deception, fraud or injury to clients or the public or a high probability of immediate deception, fraud or injury to clients or the public;
   2. (2) Priority 2--those indicating that credible evidence exists showing a violation of the NPA involving a high probability of potential deception, fraud or injury to clients or the public;
   3. (3) Priority 3--those indicating that credible evidence exists showing a violation of the NPA involving a potential for deception, fraud or injury to clients or the public; and
   4. (4) Priority 4--all other complaints.

4. (d) Not later than the 30th day after a complaint is received, the staff shall place a timeline for completion, not to exceed one year, in the investigative file and notify all parties to the complaint. Any change in timeline must be noted in the file and all parties notified of the change not later than seven days after the change was made. For purposes of this rule, completion of an investigation in a disciplinary matter occurs when:

   1. (1) staff determines there is insufficient evidence to substantiate the allegation of a violation of the NPA, Board's rules or a Board order; or
   2. (2) staff determines there is sufficient evidence to demonstrate a violation of the NPA, Board's rules or a Board order and drafts proposed formal charges.
5. (e) The staff shall provide summary data of complaints extending beyond the complaint timeline to the executive director.

Source Note:The provisions of this §213.13 adopted to be effective September 1, 1998, 23 TexReg 6444; amended to be effective July 20, 1999, 24 TexReg 5473.