Complaints and investigations

1. Filing a complaint. a. Submission requirements. All complaints alleging a violation of title 32 or North Dakota Century Code chapter 43-11 must be submitted to the board in writing and may be delivered by mail, electronic mail, or through the board website. The complaint must be legible, dated, and signed by the complainant. b. Required information. A written complaint must include the following information to the best of the complainant's ability: (1) The full name, address, and contact information of the complainant; (2) The full name, address, and, if known, the license number of the individual or the name and address of the establishment or school against whom the complaint is being made; (3) A clear, concise, and detailed description of the alleged violation, including the date and location of the incident; and (4) Any supporting documentation, such as, photographs, receipts, and witness statements, which the complainant believes is relevant to the complaint. c. Public record. Complaints filed with the board are considered public records in accordance with North Dakota law 2. Complaint review and initial assessment. a. Initial review. Upon receipt of a written complaint, board staff shall conduct an initial review to determine if the allegations constitute a potential violation of title 32 or North Dakota Century Code chapter 43-11. b. Insufficient complaints. If the complaint is incomplete, unclear, or does not allege a potential violation within the board's jurisdiction, the board or its designee may request additional information or may close the complaint without further action, providing written notification to the complainant of the reason for closure. c. Referral to other agencies. If the allegations in the complaint fall outside the board's jurisdiction, the board or its designee may refer the complaint to the appropriate local, state, or federal agency and shall notify the complainant of such referral. 3. Investigation of complaints. a. Investigation authority. The board or its designee has the authority to conduct investigations into alleged violations. This may include requesting information from the subject of the complaint, conducting interviews, reviewing records, and performing site inspections. b. Notification to subject. Unless circumstances warrant otherwise such as immediate risk to public safety, the board or its designee shall provide written notification to the subject of the complaint that a complaint has been filed and provide them with a copy of the complaint. The subject must be given a reasonable opportunity to respond to the allegations in writing. c. Cooperation with investigation. Licensees have a duty to cooperate fully with any investigation conducted by the board or its designee. Failure to cooperate may be grounds for disciplinary action. d. Investigative findings: Upon completion of the investigation, board staff shall prepare a summary of the findings and present it to the board for review. 4. Board action on complaints. a. Review of investigative findings. The board shall review the findings of the investigation and determine whether probable cause exists to believe that a violation has occurred. b. Possible actions. Based on its review, the board may take one or more of the following actions: (1) Dismiss the complaint if no probable cause is found. The complainant and the subject of the complaint must be notified in writing of the dismissal. (2) Issue a letter of warning or concern to the licensee or other party involved. (3) Enter into a settlement agreement with the licensee or other party involved to resolve the complaint. (4) Initiate formal disciplinary proceedings in accordance with North Dakota Century Code chapter 28-32 which may include suspension, revocation, or other sanctions against a license or permit. (5) Refer the matter to the state's attorney or other appropriate legal authority for further action.