Sec. 164.005. INITIATION OF CHARGES; FORMAL COMPLAINT. (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.
(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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.
Notes of Decisions
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019).
· cites it 3× “Aleman asserts that the formal complaint against him did not comply with the section's requirements, depriving the Board of jurisdiction over this proceeding.”
Aleman v. Tex. Med. Bd., 565 S.W.3d 26 (Tex. App. 2017).
· cites it 3× “In his first issue, Aleman maintains that the Board did not have jurisdiction over this particular disciplinary proceeding because, in his view, the formal complaint did not comply with Texas Occupations Code section 164.005. Specifically, Aleman asserts that the formal…”
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
· cites it 3× “Sufficiency of Complaint not contend that the complaint provided insufficient detail or notice with respect to the particular acts underlying the Texas Occupations Code section 164.005 prescribes the alleged violations.”
Texas Med. Bd. &, in Their Off. Capacities Only Irvin E. Zeitler, Jr., D.O. President, Marl Robinson Exec. Dir., Michael Arambula, M.D., Pharm.D. James Scott Holliday, D.O. & Carlos L. Gallardo, Members of the Bd. v. Benjamin Wiseman, M.D. (Tex. App. 2014).
· cites it 3× “Tex. Occ. Code §§ 164.005 (titled, “Initiation of Charges; Formal Complaint”), .”
Texas Med. Bd. &, in Their Off. Capacities Only Irvin E. Zeitler, Jr., D.O. President, Marl Robinson Exec. Dir., Michael Arambula, M.D., Pharm.D. James Scott Holliday, D.O. & Carlos L. Gallardo, Members of the Bd. v. Benjamin Wiseman, M.D. (Tex. App. 2015).
· cites it 3× “Tex. Occ. Code §§ 164.005 (titled, “Initiation of Charges; Formal Complaint”), .”
Scott Freshour, Margaret McNeese, Timothy Webb, & Sherif Zaafran, M.D., in Their Off. Capacities as Officers of the Texas Med. Bd.// Robert W. Van Boven M.D., D.D.S. v. Robert W. Van Boven M.D., D.D.S.// Amy Swanholm & Christopher Palazola, in Their Off. Capacities as Officers of the Texas Med. Bd. (Tex. App. 2020).
“See Tex. Occ. Code § 164.005. On September 15, 2017, the ALJ issued a proposal for decision concluding that the Board “failed to prove, by procedures in the case of disputed accuracy.”
— Tex. Occ. Code § 164.005(a) — 4 cases
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019).
“Aleman asserts that the formal complaint against him did not comply with the section's requirements, depriving the Board of jurisdiction over this proceeding.”
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
“Sufficiency of Complaint not contend that the complaint provided insufficient detail or notice with respect to the particular acts underlying the Texas Occupations Code section 164.005 prescribes the alleged violations.”
Texas Med. Bd. &, in Their Off. Capacities Only Irvin E. Zeitler, Jr., D.O. President, Marl Robinson Exec. Dir., Michael Arambula, M.D., Pharm.D. James Scott Holliday, D.O. & Carlos L. Gallardo, Members of the Bd. v. Benjamin Wiseman, M.D. (Tex. App. 2014).
“Tex. Occ. Code §§ 164.005 (titled, “Initiation of Charges; Formal Complaint”), .”
Texas Med. Bd. &, in Their Off. Capacities Only Irvin E. Zeitler, Jr., D.O. President, Marl Robinson Exec. Dir., Michael Arambula, M.D., Pharm.D. James Scott Holliday, D.O. & Carlos L. Gallardo, Members of the Bd. v. Benjamin Wiseman, M.D. (Tex. App. 2015).
“Tex. Occ. Code §§ 164.005 (titled, “Initiation of Charges; Formal Complaint”), .”
— Tex. Occ. Code § 164.005(b) — 3 cases
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019).
“Aleman asserts that the formal complaint against him did not comply with the section's requirements, depriving the Board of jurisdiction over this proceeding.”
Aleman v. Tex. Med. Bd., 565 S.W.3d 26 (Tex. App. 2017).
“In his first issue, Aleman maintains that the Board did not have jurisdiction over this particular disciplinary proceeding because, in his view, the formal complaint did not comply with Texas Occupations Code section 164.005. Specifically, Aleman asserts that the formal…”
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
“Sufficiency of Complaint not contend that the complaint provided insufficient detail or notice with respect to the particular acts underlying the Texas Occupations Code section 164.005 prescribes the alleged violations.”
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