1. (a) Purpose. The purpose of this section is to set out:

   1. (1) violations and prohibited actions under the Texas Civil Statutes, Article 4477-3, and this chapter;
   2. (2) procedures concerning complaints alleging violations of the Act or this chapter; and
   3. (3) department actions against a person when violations have occurred.
2. (b) Compliance. A registrant or applicant must comply with the Act and this chapter.

3. (c) Filing complaints.

   1. (1) Any person may complain to the department alleging that a sanitarian or a sanitarian-in-training has violated the Act or this chapter.
   2. (2) A person wishing to file a complaint against a sanitarian or a sanitarian-in- training shall notify the department. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the administrator's office.
   3. (3) Upon receipt of a complaint, the administrator shall send to the complainant an acknowledgment letter and the department's complaint form, which the complainant must complete and return to the administrator before further action can be taken. If the complaint is made by visit to the administrator's office, the form may be given to the complainant at that time; however, it must be completed and returned to the department before further action can be taken.
   4. (4) Anonymous complaints may be investigated by the department if the complainant provides sufficient information to conduct an investigation.

4. (d) Investigation of complaints.

   1. (1) The department may investigate any complaint.
   2. (2) If the administrator determines that the complaint does not come within the department's jurisdiction, the administrator shall advise the complainant and, if possible, refer the complainant to the appropriate governmental agency for handling such a complaint.
   3. (3) The department shall notify the parties quarterly as to the status of the complaint until its final disposition.
   4. (4) If the administrator determines that there are insufficient grounds to support the complaint, the program administrator shall dismiss the complaint and give written notice of the dismissal to the registrant or person against whom the complaint has been filed and the complainant.
   5. (5) If the administrator determines that there are sufficient grounds to support the complaint, the administrator may propose to deny, suspend, revoke, or not renew a license.

5. (e) Disciplinary actions.

   1. (1) The department may deny an application or license renewal or suspend or revoke a license.
   2. (2) Prior to institution of formal proceedings to revoke or suspend a license, the department shall give written notice to the registrant of the facts or conduct alleged to warrant revocation or suspension, and the registrant shall be given an opportunity, as described in the notice, to show compliance with all requirements of the Act and this chapter.
   3. (3) If denial, revocation, or suspension of a license is proposed, the department shall give written notice to the applicant or registrant that the applicant or registrant must request, in writing, a fair hearing within 20 days of receipt of the notice. The notice shall state the basis for the proposed action. Receipt of the notice is presumed to occur on the 5th day after the notice is mailed to the last address known to the department unless another date is reflected on a United States Postal Service return receipt.
   4. (4) If no timely request for a hearing is received, the applicant or registrant is deemed to have waived the hearing and be in agreement with the allegations and proposed action.
   5. (5) If the applicant or registrant fails to appear or be represented at the scheduled hearing, the person is deemed to be in agreement with the allegations and proposed action and to have waived the right to a hearing.
   6. (6) If the hearing is waived, the application or registration shall be denied, suspended, or revoked by an order of the commissioner of health.
   7. (7) The fair hearing shall be conducted according to the hearing procedures in §265.154 of this title (relating to Registration of Persons with Criminal Backgrounds), if applicable and the department's fair hearing procedures in 25 TAC §1.51 et seq.

6. (f) Denial, suspension, or revocation.

   1. (1) The department shall suspend or revoke a license issued under this Act if the department determines that the license holder engaged in fraud or deceit in obtaining a license or is grossly negligent, incompetent, or has engaged in misconduct in professional practice.
   2. (2) If the department suspends or revokes a license, the suspension or revocation shall remain in effect until the administrator or the department determines that the reason for suspension or revocation no longer exists unless an order specifies a time period. The administrator or the department shall investigate prior to making a determination.
   3. (3) During the time of suspension, the suspended license holder shall return his or her license and identification card to the department.
   4. (4) If the suspension overlaps a license renewal date, the suspended license holder may comply with the renewal procedures in this chapter; however, the department may not renew the license until the administrator determines that the reason for suspension no longer exists or the period of suspension is completed.
   5. (5) If the department suspends or revokes a license, a person may not reapply for a period of one year after suspension or three years after revocation. The department may refuse to issue a license if the reason for suspension or revocation continues to exist.
   6. (6) Upon revocation, a license holder shall return the license and identification card to the department.

Source Note:The provisions of this §265.155 adopted to be effective March 26, 2000, 25 TexReg 2345.