Public Complaint Handling and Disposition Procedure

PURPOSE: This rule establishes a procedure for the receipt, handling, and disposition of public complaints by the board. (1) The office will receive and process each complaint made against any licensee or hearing instrument specialist in training when a complaint alleges certain acts or practices which may constitute one (1) or more violations of the provisions of Chapter 346, RSMo. Any member of the public or the profession, or any federal, state, or local official may make and file a complaint with the department. Complaints from sources outside Missouri will be received and processed in the same manner as those originating within Missouri. No member of the board shall file a complaint with this division while they hold that office, unless the member excuses him/ herself from further board deliberations or activity concerning matters alleged within that complaint. Any executive director or any staff member within the division may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints should be sent to the board at: Board of Examiners for Hearing Instrument Specialists, PO Box 1335, Jefferson City, MO, 65102-1335 or behis@pr.mo.gov. Complaints may be made based upon personal knowledge or upon information and belief reciting information received from other sources. (3) All complaints shall be made in writing and fully identify the complainant by name and address. Complaints shall be made on forms provided by the board. Oral or telephone communication will not be considered or processed as complaints. However, the person making this communication will be provided with a complaint form and requested to complete it in writing and return it to the office. (4) Each complaint received under this rule shall be acknowledged in writing. The licensee or subject of the complaint shall be informed as to whether the complaint is being investigated. Both the licensee and the complainant shall be notified of the ultimate disposition of the complaint, excluding judicial appeals and be provided with copies of the ultimate disposition (if any) of the Administrative Hearing Commission and the board. The provisions of this section shall not apply to complaints filed by staff members of the board based on information and belief, acting in reliance on thirdparty information received by the division. (5) Both the complaint and any information obtained as a result of the investigation shall be considered a closed record and not be available for inspection by the general public. However, a copy of the complaint and any attachments shall be provided to any licensee who is the subject of that complaint or their legal counsel. (6) 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 hearing instrument specialist in training with any actionable conduct or violation, whether or not any public complaint has been filed with the board. AUTHORITY: section 346.125, RSMo 2016.* This rule originally filed as 4 CSR 165-2.070. Emergency rule filed Oct. 18, 1996, effective Nov. 1, 1996, expired April 29, 1997. Original rule filed Nov. 6, 1996, effective May 30, 1997. Moved to 20 CSR 2165-2.070, effective Aug. 28, 2006. Amended: Filed Sept. 25, 2019, effective March 30, 2020. *Original authority: 346.125, RSMo 1973, amended 1981, 1995, 2009.