Ala. Admin. Code r. 485-X-7-.03 - Procedures For Complaints Against Registrants
(1)
The board shall supply a complaint report form to aid in handling complaints
against registrants. Any person may file complaints to the board, including
board members. All complaints shall be made in writing to the board and, when
available and applicable, include documentation of the alleged violation. To
preserve a respondent's right to face their accuser, the board should not
accept anonymous complaints except in extraordinary circumstances. A copy of
the complaint form shall be given to any registered interior designer who is
asked to respond to an allegation.
(2) A confidential file shall be kept in the
name of the accused registrant as a record of the violation, along with all
documentation and the written responses. The file shall be assigned a case
number and turned over to the investigator(s) as soon as possible.
(3) Investigators may be a board member, or
members, along with legal counsel. The board may also use or hire outside
investigators who are knowledgeable and skilled at gathering, analyzing, and
presenting evidence and knowledgeable of the interior design profession and the
requirements for registration.
(4)
Any board member who assists in the investigation process must recuse
themselves from the administrative hearing process, other than acting as a
witness, and from voting on any disciplinary measures.
(5) The investigator(s) must first determine
if the individual named in the complaint is a registrant. If so, the
investigator(s) shall determine if there is sufficient evidence of a violation
of this chapter to make a probable cause determination. If a probable cause
determination is made, notice of charges may be initiated on the registrant. If
the investigator(s) determines there is no probable cause for a disciplinary
hearing, then the case shall be considered closed and the file marked as "no
probable cause found".
(6) The
board shall notify, in writing, the individual who filed the complaint that the
board is in receipt of the complaint; if a hearing date has been set; and of
any resolution of the alleged violation.
Notes
Previous Rule 485-X-7-.04 was renumbered to 485-X-7-.03 as per certification filed November 20, 2018; effective January 4, 2019.
Author: Alabama Board for Registered Interior Designers
Statutory Authority: Code of Ala. 1975, ยง 34-15C-12.
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