Texas Agriculture Code 12A.051 – Information Regarding Complaints and Enforcement Process
(a) The department shall:
(1) inform applicants, license holders, and the public on the department’s Internet website, in department brochures, and on any other available information resource about the department’s enforcement process, including each step in the complaint investigation and resolution process, from initial filing through final appeal, and the opportunity to request an informal settlement conference; and
(2) inform license holders that a license holder may obtain information about a complaint made against the license holder and may obtain on request a copy of the complaint file.
(b) Except as provided by Subsection (d), the department shall provide to a license holder against whom a complaint has been filed:
(1) the allegations made against the license holder in the complaint; and
(2) on the license holder’s request, any information obtained by the department in its investigation of the complaint.
Terms Used In Texas Agriculture Code 12A.051
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) The department shall provide the information required under Subsection (b) in a timely manner to allow the license holder time to respond to the complaint.
(d) The department is not required to provide the following information to a license holder:
(1) the name of a confidential informant whose testimony will not be used in any hearing as evidence against the license holder;
(2) attorney-client communications;
(3) attorney work product; or
(4) any other information that is confidential or not subject to disclosure under law, rule of evidence, or rule of civil procedure.