180 DAYS, WHAT DOES IT MEAN?

I frequently get asked how long an investigation takes. I usually supply a lawyer answer. “It depends!”

Now the rules says an investigation should take 180 days. 22 Texas Administrative Code Section 179.6(a). However, it has been more frequent that it takes longer. So if they violate this rule, what happens? Nothing. There is no enforcement to this rule. The rule says the Board should send a letter explaining why it has taken longer than 180 days. 22 Texas Administrative Code Section 179.6(c). However, to date not one of my clients have ever received such a letter. In some cases, I have even asked for this letter from Board staff. I still have not received such a letter.

Again, there is no enforcement mechanism requirement to get this letter, other than going to District Court and filing a writ of mandamus motion. (This is basically asking the Court to direct a government agency to complete a mandatory or ministerial duty). Frankly, this would be a waste of time and resources. So why is this important? Honestly, it is not. This is one of those rule that was made only to ease complaints; but it is meaningless because the Board can go beyond the 180 days and it does not matter.

I will say the Board tries to make the official deadline. But when they don’t, they don’t. Someone under investigation just needs to be patient because you may not know when the investigation will be concluded