POLICY ON INVESTIGATING PROCESS SERVER COMPLAINTS
1.0 Receipt of Complaints on Process Servers
All Complaints received involving persons serving civil process will be directed to the Complaint Committee
Chairman for investigation.
2.0 Formal Complaints
All complaints submitted in writing on the approved Texas Process Server Review Board complaint form shall be
considered formal complaints and shall be investigated by the Complaint Review Committee until resolution.
2.1 Upon receipt of a formal complaint by the Complaint Committee Chair, the
complaint shall be entered and assigned a case number into the PSRB Complaint Tracking System.
2.2 Investigation by the complaint committee members consists of collecting all
statements, evidence, or affidavits necessary to make a determination or
finding. The information collected should include, at a minimum:
a. Name, address and phone number of complainant.
b. Alternate numbers where complainant can be contacted.
c. Name of the process server if known.
d. Date and time of contact.
e. Full description of the complaint.
f. Notarized signature of the complainant.
2.3 All evidence and material related to the complaint shall be available to the
committee for determination of the complaint.
2.4 The Process Server will be provided a copy of all complaints as soon as
possible and provided an opportunity to give a response to each allegation. Failing to cooperate or provide a
response will not deter the investigation and will be treated as an admission of misconduct.
2.5 Any allegation of criminal activity will be referred to the appropriate law enforcement agency for
investigation.
3. Informal Complaints
All complaints not submitted in writing or on the PSRB Complaint form shall be considered informal unless the
incident leading to the complaint compels an independent investigation as determined by the PSRB Chairman.
All informal complaints will be investigated to the point possible or necessary with available information.
4. Findings
A finding for the resolution of all investigations shall be applied to each complaint with recommendation by the
complaint committee using the following guideline for disposition. The details of the investigation and evidence
involved may be sensitive and are not to be shared outside the confines of the PSRB prior to disposition.
A. Unfounded – Allegation is false, or incident occurred, but was lawful.
B. Not Substantiated – Insufficient evidence to either prove or disprove.
C. Substantiated – Evidence is enough to prove the allegation.
D. Never Formalized – Complainant failed to submit a written complaint.
5. Notification Upon Completion
Upon completion of a review of the investigation on any complaint, the Chairman of the PSRB shall direct a
response in writing on all formal complaints, advising the complainant and accused process server of the
outcome or disposition on the complaint investigation.
6. Recommendation For Disciplinary Action
Upon completion of an investigation of a complaint by the Complaint Committee a recommendation for disposition
shall be forwarded to the PSRB along with all accompanying reports, statements, or evidence to support the
findings. Action taken by the Chairman of the PSRB will be upon final determination following a vote of the
board. Disciplinary recommendations may follow one of the following categories:
A. Written reprimand
B. Probation
C. Temporary Suspension of Certification
D. Permanent Removal of Certification
ANALYSIS:
This recommendation was not approved for the first 21 months of the PSRB's existence. Despite this,
the PSRB has by their own volition handed down every one of the above actions of discipline. This
board has superseded its authority as providing an administrative function and is fully regulating the
industry.