1. (a) An investigative file accounting for each complaint filed with the SBDE 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 review, the investigation reveals an imminent threat to a person's welfare, the case shall be referred to the executive director, who shall determine whether or not to refer the case to the chairperson of the executive committee of the board for consideration of temporary suspension, pursuant to the Occupations Code, Chapter 263, §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 doing so would jeopardize an investigation.
5. (e) The person who filed the complaint and each licensee or registrant who is a subject of the complaint shall receive notice of the complaint's status, at least quarterly, until final disposition of the complaint, unless such notice would jeopardize an investigation.

6. (f) Upon completion of the investigation, the director of enforcement shall review the case. The director of enforcement may:

   1. (1) recommend dismissal of the complaint;
   2. (2) recommend the case be taken before the State Office of Administrative Hearings;
   3. (3) recommend the case be taken before an informal settlement conference;
   4. (4) recommend that the legal division prepare a proposed board order;
   5. (5) refer the case for review by the board or a committee of the board;
   6. (6) direct further investigation;
   7. (7) refer the case for review by a board member; or,
   8. (8) take other appropriate action or consideration in accordance with SBDE rules and the Dental Practice Act.
7. (g) The director of enforcement will not make a recommendation in cases involving standard of care issues. Such cases shall be reviewed by one board member, who must be a dentist.

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; amended to be effective February 11, 2003, 28 TexReg 1178; amended to be effective August 3, 2003, 28 TexReg 5893; amended to be effective February 24, 2005, 30 TexReg 845; amended to be effective May 26, 2005, 30 TexReg 3017; amended to be effective September 15, 2010, 35 TexReg 8343.