(a) The executive director shall provide a summary report on the status of all complaints at the regularly scheduled board meetings. The report shall include:
- (1) number of complaints filed;
- (2) number of complaints received in each category;
- (3) number of complaints initiated by the board;
- (4) number of complaints filed by persons other than the board;
- (5) the average length of time to resolve a complaint by totaling all the days accumulated for all resolved complaints and dividing by the total number of resolved complaints during the reporting period;
(6) number of complaints that are unresolved, including:
- (A) by those filed by the board , or
- (B) by those filed by persons other than the board, and
- (C) including the average length of time the unresolved complaints have been on file obtained by summing the days accumulated for all unresolved complaints and dividing by the total number of unresolved complaints;
- (7) number of dismissed cases; and
- (8) number of complaints resulting in disciplinary action including the disciplinary action taken and whether the action was imposed by stipulation, agreed settlement, consent order, default, or order following a contested case hearing.
(b) The executive director shall report dismissed complaints to the board and shall include in the report the following information:
- (1) name of the complainant,
- (2) name of the person who is subject of the complaint,
- (3) the basis of the complaint, and
- (4) the reason for the dismissal of the complaint.
- (c) If the executive director determines that the complaint filed is frivolous in nature and was made for the purpose of harassment and does not demonstrate harm to the public, the executive director shall redact the license holder's name and other personal information from the report to the board and any subsequent requests for information regarding the case. The board shall approve this action upon acceptance of the report.
Source Note:The provisions of this §139.21 adopted to be effective May 20, 2004, 29 TexReg 4882.