(a) The board shall review and investigate an alleged act or omission that is the subject of an allegation submitted or a formal complaint filed under § 1103.451.
(b) An investigator designated by the executive director shall investigate each allegation or formal complaint.

Terms Used In Texas Occupations Code 1103.452

  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(c) If the board determines at any time that an allegation or formal complaint is inappropriate or without merit, the board or the executive director shall dismiss the complaint and may not take further action.
(d) For purposes of Subsection (c), a determination that the allegation or complaint is inappropriate or without merit includes a determination that the allegation or complaint:
(1) is not within the board’s jurisdiction;
(2) was made in bad faith or filed for the purpose of harassment or to gain a competitive or economic advantage; or
(3) lacks sufficient basis in fact or evidence.

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