- (a) The director of enforcement may recommend dismissal of a complaint if an investigation fails to reveal a violation.
- (b) If the director of enforcement recommends dismissal of a complaint, he or she shall state, with specificity, the reason or reasons for the recommended dismissal.
- (c) A complaint recommended for dismissal by the director of enforcement shall be reviewed by a member of the enforcement committee. For complaints involving patient morbidity, professional conduct, or minimum standard of care, the reviewer must be a dentist member of the committee.
- (d) If the committee member does not recommend dismissal, the complaint shall be forwarded to an informal settlement conference. If the committee member agrees that the complaint should be dismissed, then the dismissal shall be final.
- (e) All jurisdictional complaints shall be investigated. No complaint shall be dismissed without appropriate consideration.
- (f) If a complaint is dismissed, the SBDE shall notify the complainant within ten days of the date of the dismissal. The notice of dismissal must be in writing, and include the reason(s) for the dismissal.
- (g) All complaints dismissed under this section must be reported to the full board in a public meeting of the board.
Source Note:The provisions of this §107.103 adopted to be effective May 26, 2005, 30 TexReg 3018; amended to be effective November 27, 2005, 30 TexReg 7742; amended to be effective February 24, 2008, 33 TexReg 1547.