(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.

Terms Used In Texas Occupations Code 164.005

  • Board: means the Texas Medical Board. See Texas Occupations Code 151.002
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
  • Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
  • Rule: includes regulation. See Texas Government Code 311.005
  • Statute: A law passed by a legislature.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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