21 N.C. Admin. Code 17 .0502 - COMPLAINTS
(a) Anyone may
complain to the Board alleging that a person, applicant, or licensee has
committed an action prohibited by Article 25 of Chapter 90 of the General
Statutes or the rules of the Board.
(b) Complaints may be submitted to the Board
by completing the Board's complaint form online at
www.ncbdn.org/file-a-complaint or
a paper form may be requested by contacting the Board office. Paper forms may
be delivered to the Board by mail or hand-delivery at 1135 Kildaire Farm Road,
Suite 200, Cary, NC 27511.
(c) Each
complaint submitted shall set forth specific facts and circumstances known to
the complainant relating to the Dietetics/Nutrition Practice Act or the Board's
rules, and the conduct or competence of each person who is the subject of the
complaint.
(d) Anonymous complaints
are not investigated unless, if upon preliminary review of the contents of the
complaint by Board staff, it appears the allegation(s) indicate a violation of
the Dietetics/Nutrition Practice Act or the Board's rules, sufficient
identification information for the person who is the subject of the complaint
is provided, and there is sufficient information to substantiate
allegation(s).
(e) Investigations
may be conducted by the Board staff or by other persons authorized by the
Board.
(f) Upon receipt of a
complaint, the Board shall confirm receipt of the complaint to the
complainant.
(g) The Board staff,
or its authorized Investigator, shall assign a complaint number to the initial
complaint, review the contents of the complaint, and conduct a preliminary
review of information to determine whether an individual's conduct or
competence relates to the Dietetics/Nutrition Practice Act or the Board's
rules.
(h) If preliminary
information in the complaint does not relate to an individual's conduct or
competence under the authority of the Dietetics/Nutrition Practice Act or the
Board's rules, the Board staff, or its authorized Investigator, shall close the
complaint and send notice to the complainant. If applicable, the Board staff
may refer the complainant to the appropriate governmental agency for handling
such complaints. No further action shall be taken by the Board.
(i) If the information about an individual's
conduct or competence appears to be under the authority of the
Dietetics/Nutrition Practice Act or the Board's rules, Board staff, or its
authorized Investigator, shall open an investigative case and begin an
investigation of the matters described in the complaint.
Notes
Adopted by North Carolina Register Volume 37, Issue 15, February 1, 2023 effective
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