Investigative Procedures

Investigative Procedures Upon the receipt of complaints, the Executive Director/Board Administrator shall refer them to a designated Board member. The designated Board member shall be selected on a rotating basis. If any Board member selected as a designated Board member can show reasonable cause that he or she should not be the designated Board member, or if the Executive Director/Board Administrator makes a determination that the Board member’s objectivity is subject to a reasonable charge of being impaired, then such complaint or information shall be referred to the Board member next in line of rotation. The Investigative Committee shall consist of the designated Board member, the Executive Director/Board Administrator, and the Board’s legal counsel. The designated Board member shall institute an investigation of the complaint and, after consultation with the Executive Director/Board Administrator or Board’s designee and the Board’s attorney; the Investigative Committee shall determine the disposition of the complaint. The Investigative Committee shall then: A. remand the matter to the file for no further action; B. issue a letter of concern to the appropriate individuals(s); C. recommend the filing of a formal petition to initiate a disciplinary hearing; or Page 41 D. seek appropriate legal action to safeguard the health, safety and welfare of the public. Letters of concern are issued to address matters the Investigative Committee feels should be brought to the attention of a registrant and/or other individual, but do not rise to the level of severity that necessitates the filing of a formal petition. Registrants and/or other individuals will be given an opportunity to explain and/or respond to the letter of concern from the Investigative Committee; and, if warranted, a final follow-up letter from the Investigative Committee may be issued. Repeated letters of concern which address the same or substantially the same subject matters with regard to particular registrants and/or other individuals may result in the filing of a formal petition. Neither the designated Board member nor any Board member disqualified in the process of selecting the designated Board member shall sit as a voting member of the Board in any disciplinary hearing resulting from that investigation.