Texas Attorney General Opinion: LO96-116 Page: 3 of 7
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Mr. Anthony P. Picchioni, Ph. D. - Page 3 (L096-116)
Once the board receives a complaint, the board's executive secretary seeks a response from the
licensee or alleged wrongdoer and gathers other information at the request of the complaints
committee." Based upon the response and preliminary information gathering, one of three actions
will occur. First, either the executive secretary or the complaints committee may initiate an
investigation if sufficient grounds support the complaint."' If, after the investigation is completed,
the complaints committee is unable to resolve the complaint with the licensee or alleged wrongdoer,
the committee may recommend to the board that the board suspend or revoke the license or take
some other appropriate action." Second, if the committee determines that insufficient grounds
support the complaint, the committee must dismiss the complaint.'" Third, if the committee
determines that the licensee or alleged wrongdoer indeed violated the Licensed Professional
Counselor Act or the rules, but the violation "is not a serious complaint affecting the health and safety
of clients or other persons," the committee informally may resolve the complaint by, for example,
ordering the violator to cease and desist or agreeing with the violator that he or she will correct the
violation.'
You indicate that the complaints committee posts notice of its meetings consistently with the
Open Meetings Act, Government Code chapter 551.8 Although the complaints committee convenes
in an open meeting,"9 you state that the committee considers and acts on pending complaints in a
closed meeting. According to your letter, the committee discusses each complaint with its attorney
concerning whether the licensee or alleged wrongdoer has violated any law or rule; what statute or
rule applies to the situation; whether the committee has sufficient evidence to prove a violation;
whether the committee should consider or take disciplinary action against the violator; whether the
committee should make or accept a settlement offer; what level of disciplinary action the committee
should propose to the board; and what terms of probation would be appropriate. As we understand
it, a complaint may lead to an informal administrative proceeding, including a settlement conference,
"1d. 681.195(e).
1"d. 681.195(f).
"Id. 681.195(k).
'6Id. 681.195(g).
"Id. 681.195(h).
'8See Gov't Code 551.041, .043, .044, .048 (notice requirements for state governmental body).19See id. 551.101 (requiring governmental body to convene in open meeting).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO96-116, text, October 30, 1996; (https://texashistory.unt.edu/ark:/67531/metapth277149/m1/3/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.