Haw. Code R. § 11-177.1-35 - Report of violation, investigation, or appeal
(a) A
violation as specified under section 11-177.1-34 may be discovered by the
department or may be based on a complaint made by any person.
(b) When a complaint originates from a
person, the complainant shall submit a written statement to the department
which must include:
(1) The exact nature of
the complaint outlining what professional or ethical standards the certificate
holder is alleged to have violated;
(2) Information and facts supporting the
complaint including dates, times, locations, names and addresses of witnesses
or other individuals with knowledge about the situation, and any other
supporting information;
(3) The
signature of the complainant, address, and a day-time phone number;
and
(4) If the complainant prefers
to remain anonymous, a written request for anonymity must be included in the
statement.
(c) The
department shall notify the complainant, in writing, that the letter has been
received within fifteen working days of receiving the initial
complaint.
(d) The department shall
notify the respondent, in writing, within fifteen working days of discovery of
an alleged violation or receipt of a complaint. This notice shall include, at a
minimum, the nature of the alleged violation, date of the alleged violation,
and a description of the investigation process established by the department as
set forth in this section.
(e) The
respondent shall have thirty days after receipt of the notice of complaint
during which to respond to the department in writing.
(f) Upon receipt of the respondent's
statement, the department shall initiate an investigation which shall be
coordinated by the division chief or designated department
representative.
(g) The advisory
board may be convened by the department. If convened, this board shall review
the facts gathered during the investigation and make any appropriate
recommendations to the department,
(h) The department shall render a decision
within ninety days of receipt of the respondent's written response as defined
in subsection (e). If the department determines, based on the complete record
and other relevant information provided during the investigation, that the
respondent has engaged in misconduct or has violated ethical standards, the
department may issue:
(1) An administrative
reprimand;
(2) A suspension;
or
(3) A revocation.
(i) The notice of decision shall
be sent by certified or registered mail within thirty days of issuance to the
respondent and the complainant.
(j)
Any appeal involving the decision shall be directed in writing to the director
or director's designee pursuant to the department of health's rules of practice
and procedure.
(k) If no request
for an appeal is received by the director or director's designee within
forty-five days of the mailing of the written decision to the respondent, the
decision shall become final.
Notes
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