Complaints And Investigations

01. Filing a Complaint. Any person who believes that the agency has failed to meet any provision o f the rules or statute may file a complaint with the Division of Licensing and Certification. All complaints must have a basis in rule or statutory requirements. In the event that it does not, the complainant will be referred to the appropriate entity or agency. (3-17-22) 02. Investigation Survey. The Division of Licensing and Certification will investigate, or cause to be investigated the following: (3-17-22) a. Any complaint alleging a violation of the rules or statute; and (3-17-22) b. Any reportable incident which indicates there was a violation of the rules or statute. (3-17-22) 03. Disclosure of Complaint Information. The Division of Licensing and Certification will no t disclose the name or identifying characteristics of a complainant unless: (3-17-22) a. The complainant consents in writing to the disclosure; (3-17-22) b. The investigation results in a judicial proceeding and disclosure is ordered by the court; or (3-17-22) c. The disclosure is essential to prosecution of a violation. The complainant is given the opportunit y to withdraw the complaint before disclosure. (3-17-22) 04. Method of Investigation. The nature of the complaint will determine the method used t o investigate the complaint. (3-17-22) 05. Statement of Deficiencies. If violations of these rules are identified, depending on the severity, th e Department may send the agency a statement of deficiencies. (3-17-22) 06. Public Disclosure. Information received by the Division of Licensing and Certification throug h filed reports, inspection, or as otherwise authorized under the law, must not be disclosed publicly in such a manner a s to identify individual residents except in a proceeding involving a question of certification. (3-17-22) 07. List of Deficiencies. A current list of deficiencies including plans of correction will be available t o the public upon request in accordance with IDAPA 16.05.01, “Use and Disclosure of Department Records.” (3-17-22) 08. Notification to Complainant. The Division of Licensing and Certification will inform th e complainant of the results of the investigation survey when the complainant has provided a name and address. (3-17-22) 407. -- 499. (RESERVED)