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 620.010.15(6), RSMo. (1) The State Committee of Psychologists will receive and process each complaint made against any licensee, registrant of the committee or unlicensed individual or entity, which complaint alleges certain acts or practices which may constitute one (1) or more violation(s) of the provisions of Chapter 337, RSMo. Any member of the public, the profession, or any federal, state or local official may make and file a complaint with the committee. 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 State Committee of Psychologists may file a complaint with this committee while holding that office, unless that member is excused from further committee deliberation or activity concerning the matters alleged within that complaint. The executive director or any committee 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: State Committee of Psychologists, 3605 Missouri Boulevard, P.O. Box 1335, Jefferson City, MO 65102. 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. Oral or telephone communications will not be considered or processed as complaints, but the person making those communications will be asked to supplement those communications with a written statement. (4) Each complaint received under this rule will be maintained in a log kept by the committee. The log will contain a record of each complainant’s name and address, if given; the name and address of the subject(s) of the complaint; the date each complaint is received by the committee; a brief statement of the acts complained of, including the name of any person injured or victimized by the alleged acts or practices; a notation whether the complaint resulted in its dismissal by the committee or in formal charges being filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the committee. (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 committee’s authority to file a complaint with the Administrative Hearing Commission charging a licensee or registrant of the committee with any actionable conduct or violation, whether or not a complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the committee and whether or not any public complaint has been filed with the committee. (7) The committee interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the committee. This rule is not deemed to protect or inure to the benefit of those licensees, registrants or other persons against whom the committee has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of Chapter 337, RSMo. AUTHORITY: sections 337.050.9, and 620.010.15(6), RSMo Supp. 1998.* This rule was originally filed as 4 CSR 235-1.040. This rule previously filed as 4 CSR 235-4.030. Original rule filed Feb. 10, 1982, effective May 13, 1982. Amended: Filed May 4, 1987, effective Aug. 13, 1987. Amended: Filed Oct. 4, 1988, effective Dec. 29, 1988. Amended: Filed July 2, 1991, effective Feb. 6, 1992. Amended: Filed July 26, 1999, effective Feb. 29, 2000. Moved to 20 CSR 2235-4.030, effective Aug. 28, 2006. *Original authority: 337.050.9, RSMo 1977, amended 1981, 1989, 1993, 1995, 1996, 1998 and 620.010.15(6), RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995.