(a) Complaints regarding matters pertaining to this chapter shall be made in writing and addressed to the Agency Deputy Executive Director for review and determination. The written complaint must include the name and address of the person who filed the complaint and the subject matter of the complaint.

(b) The Agency shall maintain an information file regarding each complaint.

(c) If a written complaint is filed with the Agency, the Agency, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.

(d) The Agency shall provide to the individual filing the complaint, and to each individual who is a subject of the complaint, a copy of the Agency's policies and procedures relating to complaint investigation and resolution.

(e) Any product or service may be removed or temporarily suspended from the state use program after review and/or investigation of a filed complaint, if the Agency determines that a CRP is:

(1) providing products that fail to meet specifications;

(2) failing to make a delivery as promised;

(3) making unauthorized substitutions;

(4) misrepresenting merchandise;

(5) failing to make satisfactory adjustments when required; or

(6) taking unethical actions; or

(7) non-complying with other Agency rules or contract.

(f) A product or service that has been temporarily suspended may be reinstated by promptly correcting the reason(s) for suspension. A failure to make the necessary correction promptly may result in the termination of the CRP's contract with the CNA.

(g) Complaints shall be resolved by the Agency Deputy Executive Director.

Source Note: The provisions of this §806.61 adopted to be effective June 12, 2017, 42 TexReg 3003