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.