Complaint Handling and Disposition Procedure

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to the mandate of section 620.010.16(6), RSMo. (1) The Missouri Board of Geologist Registration will receive and process each complaint made against any registered geologist or geologist-registrant in-training of the board, or unlicensed individual or entity, which complaint alleges certain acts or practices which may constitute one (1) or more violations of the provisions of sections 256.450–256.483, RSMo. Any member of the public or the profession, or any federal, state or local official, may make and file a complaint with the board. Complaints will be received from sources within Missouri and outside of this state. No member of the Missouri Board of Geologist Registration may file a complaint with this board while holding that office, unless that member is excused from further board deliberation or activity concerning the matters alleged within that complaint. The division director or any board staff member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints shall be mailed or delivered to the following address: Missouri Board of Geologist Registration, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. However, actual receipt of the complaint by the board at its administrative office in any manner shall be sufficient. Complaints may be based upon personal knowledge, or upon information and belief, reciting information received from other sources. (3) All complaints shall be made in writing and shall fully identify the complainant by name and address. Verbal or telephone communications will not be considered or processed as complaints, however the person making such communications will be asked to supplement those communications with a written statement. Individuals with special needs addressed by the Americans with Disabilities Act should contact the board office at (573) 526-7625. The telecommunications device for the deaf (TDD) is (800) 735-2966. (4) Each complaint received under this rule will be logged in and maintained by the board for that purpose. The log will contain a record of each complainant’s name and address; the name and address of the subject(s) of the complaint; the date each complaint is received by the board; a brief statement of the acts complained of; a notation whether the complaint resulted in its dismissal by the board or informal charges being filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the board. (5) Each complaint received under this rule shall be acknowledged in writing. The complainant shall be notified of the ultimate disposition of the complaint. (6) This rule shall not be deemed to limit the board’s authority to file a complaint with the Administrative Hearing Commission charging a registered geologist or geologist-registrant in-training of the board with any actionable conduct or violation, whether or not such a complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the board, and whether or not any public complaint has been filed with the board. (7) The board interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the board. This rule is not deemed to protect, or inure to the benefit of those registered geologists or geologist-registrants in-training or other persons against whom the board has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 256.450–256.483, RSMo. AUTHORITY: section 256.462.3, RSMo 2000.* This rule originally filed as 4 CSR 145-3.010. Emergency rule filed June 29, 1995, effective July 9, 1995, expired Nov. 5, 1995. Original rule filed Sept. 28, 1995, effective May 30, 1996. Moved to 20 CSR 2145-3.010, effective Aug. 28, 2006. Amended: Filed Nov. 7, 2007, effective May 30, 2008. *Original authority: 256.462, RSMo 1994.