(a) If the Department determines the complaint is not supported by the evidence, is not within the Department's jurisdiction, contains no violation, or is resolved to the satisfaction of the parties, the complaint will be closed.
(b) If the Department determines the complaint is sufficiently supported by the evidence and justifies enforcement action, the complaint will be closed and referred for an enforcement action.
(c) The Department will notify all parties to the complaint within 10 business days of closing the complaint (closing notice). However, if the complaint is closed with a referral for an enforcement action, the respondent in such enforcement action will be notified by and through the enforcement action only, and will not receive a separate closing notice.
(d) A complainant who disagrees with the disposition of a complaint may appeal by sending a written appeal request to the Department's division for consumer assistance within 90 calendar days after the date the closing notice was issued. Upon receipt of a timely appeal request, a senior member of the Department's division for consumer assistance or other qualified employee designated by the Commissioner will review all information and make a determination regarding the complaint. Unless such review results in a new determination, this review will be considered final and may not be appealed further with the Department. The Department will provide the complainant with written notice concerning the results of a review performed in accordance with this subsection.

Source Note: The provisions of this §51.3 adopted to be effective July 14, 2022, 47 TexReg 3962