Public 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 324.002, RSMo. (1) The Division of Professional Registration/Interior Design Council will receive and process each complaint made against any registrant, applicant, or unregistered individual or entity, when the complaint alleges certain acts or practices that may constitute one (1) or more violations of the provisions of sections 324.400 through 324.439, RSMo. Any member of the public or the profession, or any federal, state, or local official, may make and file a complaint with the Interior Design Council. Complaints will be received from sources both within and without Missouri and processed in the same manner as those originating within Missouri. No member of the Interior Design Council may file a complaint with the council while serving in that capacity, unless that member is excused from further deliberation or activity concerning the matters alleged within that complaint. The executive director or any division staff member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) All complaints shall be made in writing on a form approved by the division and shall fully identify the complainant by name and address. Complaints may be based upon personal knowledge or beliefs based on information received from other sources. Oral or telephone communications will not be considered or processed as complaints. The person making these communications will be asked to file a written statement. (3) Complaints shall be mailed or delivered to the following address: The Division of Professional Registration or the Interior Design Council, PO Box 1335, 3605 Missouri Boulevard, Jefferson City, MO 65102. (4) Each complaint received under this rule pursuant to sections 324.400 through 324.439, RSMo will be maintained by the division. The complaint file will contain a record of each complainant’s name and address of the subject(s) of the complaint; the date each complaint is received by the division; a brief statement of the complaint, including the name of any person injured or victimized by the alleged acts or practices; and the ultimate disposition of the complaint. This complaint file shall be a closed record of the division. (5) Each complaint received under this rule shall be acknowledged in writing to the complainant. The complainant shall be notified of the ultimate disposition of the complaint. (6) This rule shall not be deemed to limit the council’s authority to file a complaint with the Administrative Hearing Commission charging a registrant with any actionable conduct or violation. The complaint filed by the council need not be limited to the acts charged in a public complaint. (7) The division/council interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the division/council. This rule does not create any cause of action for registrants against those whom the division has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 324.400–324.439, RSMo. AUTHORITY: section 324.002, RSMo 2016, and sections 324.412 and 324.436, RSMo Supp. 2018.* This rule originally filed as 4 CSR 193-6.010. Original rule filed Feb. 25, 2000, effective Aug. 30, 2000. Moved to 20 CSR 2193-6.010, effective Aug. 28, 2006. Amended: Filed March 7, 2019, effective Sept. 30, 2019. *Original authority: 324.002, RSMo 2008; 324.412, RSMo 1998, amended 1999, 2018; and 324.436, RSMo 1998, 2018.