Tex. Occupations Code § 164.005
This is the official text of Tex. Occupations Code § 164.005, part of Texas’s Occupations Code — governs professional and occupational licensing.
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§ 164.005. INITIATION OF CHARGES; FORMAL COMPLAINT.
Official statutory text
(a) In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.
(b) Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.
(c) A charge must:
(1) be filed with the board's records custodian or assistant records custodian; and
(2) detail the nature of the charge as required by this subtitle or other applicable law.
(d) The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.
(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.
(f) A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:
(1) enable a person of common understanding to know what is meant by the formal complaint; and
(2) give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.
(g) The board shall adopt rules to promote discovery by each party to a contested case.
(b) Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.
(c) A charge must:
(1) be filed with the board's records custodian or assistant records custodian; and
(2) detail the nature of the charge as required by this subtitle or other applicable law.
(d) The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.
(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.
(f) A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:
(1) enable a person of common understanding to know what is meant by the formal complaint; and
(2) give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.
(g) The board shall adopt rules to promote discovery by each party to a contested case.
Status: in_force · Read it on the official government site
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