Public Complaint Handling and Disposition Procedure

PURPOSE: The Missouri Speech-Language Pathology and Audiology Advisory Commission receives public complaints concerning alleged violations of Chapter 345, RSMo. This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to section 345.065, RSMo. (1) Consumer complaints concerning alleged violations of Chapter 345, RSMo shall be handled as provided in this section. (A) Any member of the public or profession, or any federal, state or local official, may make and file a complaint with the commission. The complaint may be against anyone licensed under Chapter 345, RSMo or an unlicensed individual or entity and may allege acts or practices which may constitute a violation of any provision of Chapter 345, RSMo. No member of the commission shall file a complaint with the commission while holding that office unless that member is excused from further commission deliberations or activity concerning the matter alleged within that complaint. The executive secretary or any administrative staff member of the commission or board may file a complaint in the same manner as any member of the public. (B) Each complaint must be typed or handwritten and signed by the complainant. Oral, telephone or written, but unsigned, communications will not be considered or processed as complaints. Complaints shall fully identify the nature of the complaint, show the name, address and telephone number of the complainant and be mailed or delivered to the following address: Missouri Speech-Language Pathology and Audiology Advisory Commission, P.O. Box 4, Jefferson City, MO 65102. (C) Each signed, written complaint received under this notice shall be logged in and maintained by the commission. Complaints shall be logged in consecutive order as received. The log shall contain, if known by the commission, a record of each complainant’s name and address; the name and address of the subject of the complaint; the date each complaint is received by the commission; a brief statement of the acts complained of, including whether the complaint resulted in its dismissal by the board or whether formal charges have been or will be filed with the Administrative Hearing Commission or what the ultimate disposition of the complaint was; and further information as the board may direct. (D) Each complaint made in accordance with this rule shall be acknowledged in writing and may be investigated. If a complaint is investigated, the complainant shall be informed in writing after the investigation is completed as to whether the investigation resulted in the complaint’s dismissal by the board or whether formal charges have been or will be filed with the Administrative Hearing Commission or what the ultimate disposition of the complaint was. The provisions of this subsection shall not apply to complaints filed by staff members of the commission or board based on information and belief, acting in reliance to third-party information received by the commission or board. (2) This rule shall not be deemed to limit the board’s authority to file a complaint with the Administrative Hearing Commission charging a licensee or registrant of the board with any actionable conduct or violation, whether or not this complaint exceeds the scope to the acts charged in a preliminary public complaint filed with the board and whether or not any public complaint has been filed with the commission or board. (3) The commission interprets this rule; which is required by law to exist for the benefit of those members of the public who submit complaints to the commission. This rule is not deemed to protect, or inure to the benefit of those licensees, registrants or other persons against whom the board has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of Chapter 345, RSMo. AUTHORITY: sections 345.030, 345.065, 345.075 and 345.080, RSMo Supp. 1998.* This rule originally filed as 4 CSR 150-4.090. Original rule filed July 1, 1988, effective Oct. 27, 1988. Amended: Filed Nov. 16, 1998, effective July 30, 1999. Moved to 20 CSR 21504.090, effective Aug. 28, 2006. *Original authority: 345.030, RSMo 1973, amended 1981, 1995, 1998; 345.065, RSMo, 1973, amended 1981, 1995, 1998; 345.075, RSMo 1973, amended 1981, 1995, 1998; and 345.080, RSMo 1986, amended 1995, 1998.