|(a) A person may file a complaint on the complaint
form available on the Board's website or upon request to the Board
(b) The Board shall investigate all complaints.
(c) A complaint shall contain all necessary information
(1) the complainant's name, address, phone number,
and email address;
(2) the name, address, phone number, and email address
of the licensee or other person against whom the complaint is made;
(3) the date, time, and location where the alleged
violation occurred; and
(4) a description of the incident giving rise to the
(d) A complainant shall cooperate in the investigation
of a complaint.
(e) The Board's executive director may dismiss a complaint
(1) the allegation is not under the Board's jurisdiction;
(2) the complainant is uncooperative;
(3) the complainant withdraws the complaint in writing;
(4) there are insufficient facts or evidence to support
the allegation; or
(5) continued investigation could interfere with a
criminal investigation or judicial proceeding.
(f) The Board shall notify a complainant within 30
days if a complaint is dismissed under subsections (e) and (l) of
(g) The Board shall prioritize investigations of complaints
that allege criminal acts or serious physical or economic harm to
(h) Board staff may initiate complaints.
(i) The Board president shall appoint an Enforcement
Committee to initially consider all complaints not dismissed under
subsection (e) of this section.
(j) The executive director, under the direction of
the Enforcement Committee, shall oversee all investigations.
(k) Upon completion of an investigation, staff shall
present their evidence and recommendation to the Enforcement Committee.
(l) Based on Board staff's evidence and recommendation,
the Enforcement Committee shall:
(1) find no violation occurred and dismiss the complaint;
(2) order additional investigation; or
(3) find a violation occurred.
(m) If the Enforcement Committee finds a violation
occurred, staff shall send written notice within 14 days to the licensee
or other person that includes:
(1) the specific statutes or rules that were violated;
(2) a description of the facts and evidence supporting
the finding of a violation;
(3) the maximum penalty under the law the licensee
may be subject to;
(4) how the licensee can request an administrative
hearing to contest the alleged violation; and
(5) the process for informally settling the complaint
without an administrative hearing, including an informal conference
if the committee requests one.
(n) A licensee shall respond in writing to the notice
of violation within 20 days of receipt.
(o) If possible, staff shall seek to informally settle
a complaint without an administrative hearing.