1. (a) An investigative file accounting for each complaint filed with the Board shall be maintained under the supervision of the Director of Enforcement.
2. (b) Every complaint shall be reviewed by the Director of Enforcement to determine jurisdiction. If jurisdiction exists, a complaint shall be investigated to determine the facts concerning the complaint. All investigators shall be state employees.
3. (c) If, upon initial review, the complaint reveals a possible threat to a person's welfare, the complaint shall be referred to the Board or an executive committee of the Board, for consideration of temporary suspension, pursuant to the Occupations Code, Chapter 263, Section 263.004.
4. (d) During the course of an investigation, the complainant shall be given an opportunity to explain or comment on the allegations made in the complaint. At the initiation of the investigation, the respondent shall be provided a copy of the complaint to facilitate a response, unless to do so would jeopardize an undercover investigation.
5. (e) The parties to the complaint shall receive notice of the status of the complaint, at least quarterly, until final disposition of the complaint, unless such notice would jeopardize an undercover investigation.
6. (f) Upon completion, the Board Secretary or designee shall review the investigative file. The Secretary may: dismiss the case; refer the case to the State Office of Administrative Hearing; refer the case to an informal settlement conference; refer the case to the Executive Director or a subcommittee of the Board for imposition of an administrative penalty; direct further investigation, or refer it to the Professional Evaluation Committee.

7. (g) The Professional Evaluation Committee shall consist of three board members appointed by the President of the Board, one of whom must be a public member. Complaints referred to the Professional Evaluation Committee by the Secretary or designee may be dismissed, referred to Settlement Conference, returned for further investigation or the Professional Evaluation Committee may propose an agreed board order imposing sanctions.

   1. (1) Meetings of the Professional Evaluation Committee are open meetings as defined by the Open Meetings Act;
   2. (2) Only Professional Evaluation Committee members and SBDE staff may participate in discussions concerning any complaint. The members may review and consider all information in the investigative file;
   3. (3) An offer of settlement by agreed order must include a statement that the respondent should not agree to the order if he/she wants to explain any part of his/her conduct in connection with the complaint.
8. (h) No case will be dismissed without appropriate consideration. A letter shall be sent to the complainant, explaining why the case was dismissed. If the complainant objects to closure and provides new information to support the allegations, or shows that reasons given for the dismissal do not adequately address the allegations the case shall be reviewed by the Professional Evaluation Committee to determine whether further action is appropriate, except that cases dismissed by the Professional Evaluation Committee shall be reviewed by at least three members of the Enforcement Committee.

Source Note:The provisions of this §107.102 adopted to be effective April 19, 1996, 21 TexReg 3182; amended to be effective August 11, 1997, 22 TexReg 7036; amended to be effective February 11, 1999, 24 TexReg 692; amended to be effective November 30, 1999, 24 TexReg 10549; amended to be effective December 3, 2000, 25 TexReg 11938.