Or. Admin. Code § 833-110-0011 - Response to Complaints
(1) The
Board will review and accept for consideration a complaint filed by any person,
group of persons, or the Board on its own action that is specific as to the
conduct upon which the complaint is based. A complaint will be rejected if it
does not allege a violation for which the Board has the grounds to impose
sanctions pursuant to ORS
675.745 or
675.825.
(2) A complaint that a licensee, registered
associate, temporary practitioner, or applicant is incompetent or has committed
an act or acts in violation of the law or rules adopted by the Board including
the Code of Ethics will be considered a complaint of professional misconduct. A
complaint that an unlicensed person has practiced or used a title in violation
of ORS 675.825 will be considered a
complaint of unlicensed practice.
(3) The Board will make forms available to
the public and encourage complainants to use the Board's investigation request
form. If a complaint is first made in verbal form, or does not contain
information substantially equivalent to the Board's form, then the Board's
representative may require the complainant to use the Board's form to initiate
an investigation. If the complainant is a client or former client of the
respondent, then the complainant should sign a release form allowing the Board
and its legal counsel access to records and other materials that are the
ethical and legal responsibility of the respondent. Refusal by a complainant to
comply with this requirement may result in dismissal of the
complaint.
(4) Upon receipt of a
valid complaint, a complaint file will be opened. A preliminary investigation
or review will be conducted to determine if additional investigation and the
assignment of additional investigators is necessary, or whether to file a
report with the Board recommending the complaint be dismissed without further
action. If additional investigation is deemed necessary, then the subject of
the complaint will be notified that he/she is under investigation and provided
with general information regarding the allegations being investigated.
Notification may request a written response.
(5) Failure to cooperate with Board
representatives during an investigation constitutes unprofessional conduct
which may subject a licensee, registered associate, temporary practitioner, or
applicant to disciplinary action.
(a)
Cooperation includes:
(A) Submitting client
records to the Board's representative, with or without a signed release by the
client, for a full investigation of the allegations;
(B) Sending a complete case file to the
Board's representative;
(C) Being
available for a personal interview with the Board's representative;
and
(D) Responding truthfully and
accurately to all questions presented by the Board's representative.
(b) Licensees, registered
associates, temporary practitioners, and applicants must not:
(A) Use threats or harassment to delay or
obstruct any person in providing evidence in any investigation, contested case,
or other legal action instituted by the Board.
(B) Use threats or harassment to obstruct or
delay the Board in carrying out its regulatory functions.
(C) Deceive or attempt to deceive the Board
with respect to any matter under investigation including altering or destroying
any records.
(D) Attempt to
influence the testimony or participation in an investigation of any person
believed to be a complainant or witness in a Board investigation, or to permit
or encourage another person to do so.
(E) Engage in retaliation against another
person for their participation in a Board investigation or provision of
information to the Board.
(6) The Board may delay approving a licensure
application or issuing an associate registration, temporary practice
authorization, or license until a complaint has been resolved.
(7) The investigator shall collect evidence
and interview witnesses. At the conclusion of the investigation, a report will
be filed with the Board in accordance with the timelines and procedures
outlined in ORS 676.160-676.180. The report will
clearly set forth the issues on which the Board should consider possible
action.
(8) The Board will maintain
written procedures for handling complaints, which will be available through the
Board office.
(9) Complaint and
information gathered by investigation into licensee or applicant competency or
conduct will be kept confidential in accordance with ORS
676.160-676.180.
(10) Licensees, registered associates,
temporary practitioners, and applicants must comply with the terms of all Board
Orders and Agreements. Failure to comply constitutes a violation of ORS
675.745(1)(f)
and is grounds for disciplinary action.
Notes
Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180
Statutes/Other Implemented: ORS 675.785 - 675.835
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