House Bill 2452 authorizes the Texas Department of License and Regulation (TDLR) to contract with qualified individuals to provide complaint review services. This bill took effect immediately.
Assistance with Investigating Complaints
The House Committee Report Bill Analysis noted that the TDLR, "investigates a high volume of complaints each year and that many investigations require technical and specific program knowledge to fully understand and resolve the complaints." As such, it had been suggested that the TDLR complaint review process could benefit from the assistance of qualified third-party experts. HB 2452 seeks to provide this assistance by authorizing the TDLR to contract with qualified individuals to provide complaint review services.
New Rule for the Texas Department of License and Regulation
HB 2452 authorizes the TDLR to hire third-party investigators and experts to help resolve complex complaints against its licensees.
The legislation provides immunity from liability for individuals with whom the TDLR contracts. It further prohibits such an individual from being sued for damages for any act arising from the performance of the individual's duties, except for acts that involve fraud, conspiracy, or malice.
Not only does the TDLR now have more resources available while investigating complaints, HB 2452 does not require the TDLR to investigate complaints that are filed anonymously or that lack sufficient information to identify the source or the name of the person who filed the complaint though the bill authorizes the TDLR to investigate such complaints at the Agency's discretion.
These new rules took effect immediately upon Governor Abbott's signature on May 29, 2019. The TDLR is further empowered to thoroughly investigate complaints made against licensees. Understand that the function of the TDLR is to protect the public, not the individuals it licenses. The Agency will use all of its available resources to identify risks to the public as well as alleged rule violations. If you are facing a licensing issue or someone has filed a complaint against you with the Texas Department of Licensing and Regulation, you need an experienced professional license defense attorney on your side.
Hire an Experienced License Defense Attorney
Here at BERTOLINO LLP, we are experienced TDLR license defense attorneys. We know how to navigate the Agency's complaint process and we are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our firm believes that immediately consulting an experienced TDLR license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board or state agency, contact us today or call (512) 717-5432 and schedule a case evaluation.
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