1. (a) Filing Complaints. Complaints may be filed with the agency in person at the board's office, or in any written form, including submission of a completed complaint form. The board adopts the following form in both English and Spanish as its official complaint form which shall be maintained at the board's office for use at the request of any complainant. At a minimum, all complaints shall contain information necessary for the proper processing of the complaint by the board, including, but not limited to:

2. (b) Complaint Investigation and Disposition.

   1. (1) All complaints received shall be sent to the Texas Board of Chiropractic Examiners. The board shall distinguish between categories of complaints as follows:

      1. (A) consumer and patient complaints against chiropractors or chiropractic facilities regarding alleged violations of the Texas Chiropractic Act, duly promulgated rules or orders;
      2. (B) alleged unauthorized practice of chiropractic by unlicensed individuals, or by a licensee while a suspension order or restrictive sanction by the board is in effect;
      3. (C) licensure or reinstatement applications;
      4. (D) alleged advertising violations by chiropractors or chiropractic facilities, persons, or firms.
   2. (2) A complaint shall not be dismissed without appropriate consideration. The board and complainant shall be advised of complaint dismissals.

3. (c) Enforcement Committee.

   1. (1) The President shall appoint a committee as statutorily constituted to consider all complaints filed with the board. The committee shall be known as the Enforcement Committee. The Executive Director under the direction of the Enforcement Chairperson shall supervise all investigations.
   2. (2) Copies of the complaint and the respondents' response shall be sent to the members of the enforcement committee. The Enforcement Committee shall have the power to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, and documents, to issue commissions to take depositions, to administer oaths and to take testimony concerning all matters within the assigned jurisdiction.
   3. (3) On receipt of a complaint, the members of the Enforcement Committee shall determine the disposition of the case using procedures approved by the board.
   4. (4) Informal conferences shall be conducted by the Enforcement Committee as statutorily established. The licensee and/or the licensee's authorized representative should attend the informal conference and will be provided an opportunity to be heard.
   5. (5) In any case where charges are based upon information provided by a person who filed a complaint with the board (complainant), the complainant may attend the informal conference, and shall be provided with an opportunity to be heard with regard to charges based upon the information provided. Nothing herein requires a complainant to attend an informal conference.
   6. (6) Informal conferences shall not be deemed to be meetings of the board and no formal record of the proceedings at the conferences shall be made or maintained.
   7. (7) Any proposed order shall be presented to the board for its review. At the conclusion of its review, the board shall approve, amend, or disapprove the proposed order. Should the Board approve the proposed order, the appropriate notation shall be made in the minutes of the board and the proposed order shall be entered as an official action of the board. Should the board amend the proposed order, the executive director shall contact the respondent to seek concurrence. If the respondent does not concur, the provisions of the next sentence shall apply. Should the board disapprove the proposed order, the case shall be rescheduled for purposes of reaching an agreed order, or in the alternative forwarded to the State Office of Administrative Hearings for formal action.

4. (d) Formal Disposition of a Contested Case. All contested cases not resolved by informal conference shall be referred to the State Office of Administrative Hearings.

   1. (1) Notice. The respondent shall be entitled to reasonable notice of not less than ten days. Notice shall include the matters specifically required by the Administrative Procedures Act (APA), Chapter 2001, Government Code, to wit:

      1. (A) a statement of the time, place, and nature of the hearing;
      2. (B) a statement of the legal authority and jurisdiction under which the hearing is being held;
      3. (C) a reference to the particular sections of the Act and rules involved; and
      4. (D) a short and plain statement of the matters asserted.
   2. (2) Notice of Service. The notice of hearing and a copy of the formal complaint shall be served on the respondent's last known address at least ten days prior to the hearing. Service on the respondent shall be complete and effective if the document to be served is sent by registered or certified mail and by regular mail to the respondent at the address shown on the respondent's annual renewal certificate.
   3. (3) Filing of documents. All pleadings and motions relating to any contested case pending before the State Office of Administrative Hearings shall be filed with the State Office of Administrative Hearings. They shall be deemed filed only when actually received.
   4. (4) Motion for Continuance. Continuances may be granted by the State Office of Administrative Hearings in accordance with procedural rules established by that agency.
   5. (5) Transcription. Proceedings, all or any part of them, must be transcribed on the written request of any party. The agency may pay the cost of the transcript or assess the cost to one or more parties.
   6. (6) Discovery. Requests for the issuance of subpoenas, requests for depositions and for production of documents, and other discovery matters shall be governed by the APA.

5. (e) Probation.

   1. (1) The Board shall have the right and may, upon majority vote, rule that an order canceling, suspending, or revoking any license be probated so long as the probated practitioner conforms to such orders and rules as the board may set out in the terms of the probation. The board, at the time of its decision to probate the practitioner, shall set out the period of time of its decision to probate the practitioner, shall set out the period of time which shall constitute the probationary period; provided, however, that the board may at any time while the practitioner remains on probation upon majority vote rescind the probation and enforce the board's original action suspending or revoking such license for violation of the terms of the probation or for other good cause as the board in its discretion may determine. To rescind the probation shall require a formal disciplinary hearing and be conducted as a contested case within the meaning of the APA.
   2. (2) The Texas Board of Chiropractic Examiners shall maintain a chronological and alphabetical listing of licensees who have had their license canceled, suspended, or revoked, and shall monitor each consent order in respect to each license holder's specific sanction. Any noncompliance observed as a result of monitoring shall be referred to the board.

6. (f) Reinstatement. Any practitioner whose license to practice has been revoked for a period of more than one year may, after the expiration of at least one year from the date that such revocation became final, apply to the board, on forms provided by the board, to have the revocation order withdrawn and to have the board reinstate a license to practice chiropractic. In considering the reinstatement of a revoked license, the board in its discretion may:

   1. (1) deny reinstatement of a revoked license;
   2. (2) reinstate a revoked license and probate the practitioner for a specified period of time under specified conditions; or
   3. (3) authorize reinstatement of the revoked license.

7. (g) The Enforcement Committee or a two-thirds vote of the Board may temporarily suspend a license to practice chiropractic in the State of Texas if evidence presented clearly indicates that continued practice constitutes a continued or imminent threat to the public welfare.

   1. (1) Such suspension may occur without notice or hearing at such time as:

      1. (A) a disciplinary proceeding is scheduled not later than the 14th day after the date of suspension.
      2. (B) A second hearing shall be held not later than the 60th day after the date the suspension was ordered. If the second hearing is not held in the time required, the license is reinstated.
   2. (2) The licensee will be notified of actions taken against his license by certified mail.
   3. (3) The licensee may present information at the hearing which gives the committee or Board appropriate information to continue or disregard the suspension.
   4. (4) The license will remain suspended until such time as the committee shall take further disciplinary action.
   5. (5) The licensee will not practice chiropractic during the duration of the suspension.
   6. (6) During the suspension the enforcement and investigatory processes will continue.

Source Note:The provisions of this §75.9 adopted to be effective April 8, 1996, 21 TexReg 2538.