{"data":{"id":"us-tx/tex.-occupations-code-164.005","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 164.005","heading":"INITIATION OF CHARGES; FORMAL COMPLAINT.","body":"(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.\n(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.\n(c) A charge must:\n(1) be filed with the board's records custodian or assistant records custodian; and\n(2) detail the nature of the charge as required by this subtitle or other applicable law.\n(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.\n(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.\n(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:\n(1) enable a person of common understanding to know what is meant by the formal complaint; and\n(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.\n(g) The board shall adopt rules to promote discovery by each party to a contested case.\nActs 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.\nAmended by:\nActs 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE B. PHYSICIANS","CHAPTER 164. DISCIPLINARY ACTIONS AND PROCEDURES","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.164.htm#164.005","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"4cb78510486e304d672591341c5f9092588e9c9f6d8f645525bfaed5841a1a2f","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-164.004","next":"us-tx/tex.-occupations-code-164.006"},"notice":"GroundRules: Original legal text. Not legal advice."}