Sec. 164.005.  INITIATION OF CHARGES;  FORMAL COMPLAINT.  (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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.