Or. Admin. Code § 877-040-0000 - Management of Complaints
(1) The
board intends to provide fair, expeditious response to complaints.
(2) A board member who is unable to render an
impartial, objective decision regarding a complaint must abstain from
participating in the preparation, hearing, deliberation and disposition of the
complaint. An abstention is effective at the time a board member announces a
decision not to participate.
(3) A
board member who is a complainant or respondent in a complaint is disqualified
from participating in the preparation, hearing, deliberation and disposition of
the complaint.
(4) The board may
initiate a complaint.
(5) The
Consumer Protection Committee oversees investigations of complaints received by
the board. The committee may conduct investigations, prepare reports, require
evaluations, and negotiate proposed agreements and may perform other duties
prescribed by the board. In carrying out these duties, the committee may assign
to the board's staff the duties of conducting investigations and preparing
reports. Subject to the approval of the committee, the board Executive Director
may assist in negotiating a proposed agreement with a respondent.
(6) If the complainant is a client or former
client of the respondent, the complainant must sign a waiver of confidentiality
granting the board and its 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 the dismissal of the
complaint.
Notes
Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595(2)
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