248 CMR, § 3.07 - Complaint Handling Process
(1) Any person,
organization, agent or employee of the Division of Professional Licensure, or
member of the Board may file a complaint or provide information to the Board
that alleges misconduct by a Licensee or unlicensed individual. If complainant
is not anonymous, the complainant shall provide his or her name, address, and
telephone number and a detailed description of the alleged act(s) that prompted
the complaint. The complaint form shall be signed by the complainant or an
authorized representative. The Board, at its discretion may investigate
anonymous complaints.
(2)
Inquiry and Investigation. After receipt and review of
a written complaint, the Board may conduct any reasonable inquiry or
investigation it deems necessary to determine the truth and validity of the
allegation(s) set forth in such complaint. If the Board or an authorized agent
of the Board determines that the complaint is lacking in merit, it may close
the complaint.
(3)
Request for Response and Response. If the Board or its
duly authorized agent determines that a complaint has merit, the Board or its
duly authorized agent may request that the Licensee or unlicensed individual
who is the subject of the complaint provide a response to the complaint. A
Licensee or unlicensed individual shall respond to a request for response, and
such response may be made either personally or through an attorney. A response
shall address the substantive allegation(s) set forth in the complaint or
request for response and be provided in writing in a timely manner in
accordance with
248 CMR 3.00.
(4)
Investigative
Conference. To facilitate disposition, the Board or its duly
authorized agent may request any person to attend an investigative conference
to discuss the complaint and response at any time prior to the commencement of
a formal hearing conducted pursuant to M.G.L. c. 30A.
(5)
Board Action
Required. If a Licensee or unlicensed individual fails to respond
as requested by the Board or its duly authorized agent, or at any other point
in the course of investigation or inquiry into a complaint, the Board or its
duly authorized agent determines that there is reason to believe that the
alleged acts occurred and constitute a violation for that a Licensee or
unlicensed individual may be sanctioned by the Board, the duly authorized agent
or the Board may issue an order to show cause or offer to resolve the complaint
by consent agreement.
Notes
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