| (a) The provisions of this section shall apply to complaints
against a licensee under this subchapter, notwithstanding the provisions
of §442.102 of this title (relating to Complaints and Investigations).
(b) A person wishing to report an alleged violation
of the Act or this subchapter may file a complaint with the department.
All complaints shall be in writing and under oath.
(c) Upon receipt of a complaint, the department will
send an acknowledgment letter to the complainant, together with the
department's policies and procedures pertaining to complaint investigation
and resolution. The department may accept an anonymous complaint if
there is sufficient information for the investigation.
(d) The department will document, evaluate, prioritize,
and investigate complaints based on the seriousness of the alleged
violation and the level of client or participant risk, and will make
any report to another agency required by law.
(e) Prior to or during an investigation, the department
will request a response from the licensee or person against whom a
complaint has been filed, and provide the department's policies and
procedures pertaining to complaint investigation and resolution. The
licensee or person against whom an alleged violation has been filed
shall respond within 15 working days of receipt of the department's
request.
(f) Pursuant to a department investigation regarding
an alleged violation of the Act or this subchapter, a licensee shall
produce records, documents and other evidence related to the license,
registration, or approval to the department, upon request, unless
otherwise prohibited by law. A licensee shall not interfere with the
department's access to clients, witnesses or other parties.
(g) If it is determined that the matters alleged in
the complaint are non-jurisdictional, or if the matters alleged in
the complaint would not constitute a violation of the Act or this
subchapter, the department may close the complaint and give written
notice of the closure to the person against whom the complaint was
filed and the complainant.
(h) The department may refer complaints outside its
jurisdiction, or also within the jurisdiction of another licensing
program within the department or of another agency, to the appropriate
program or agency for action, as permitted by law.
(i) The department, at least quarterly and until final
disposition of the complaint, shall notify the person filing the complaint
and each person against whom the complaint was made of the status
of the complaint, unless the notice would jeopardize an undercover
investigation.
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