Or. Admin. Code § 833-110-0011

Current through Register Vol. 63, No. 10, October 1, 2024

Section 833-110-0011 - Response to Complaints

(1) The Board will review and accept for consideration a complaint filed by any person, group of persons, or the Board on its own action that is specific as to the conduct upon which the complaint is based. A complaint will be rejected if it does not allege a violation for which the Board has the grounds to impose sanctions pursuant to ORS 675.745 or 675.825.

(2) A complaint that a licensee, registered associate, temporary practitioner, or applicant is incompetent or has committed an act or acts in violation of the law or rules adopted by the Board including the Code of Ethics will be considered a complaint of professional misconduct. A complaint that an unlicensed person has practiced or used a title in violation of ORS 675.825 will be considered a complaint of unlicensed practice.

(3) The Board will make forms available to the public and encourage complainants to use the Board's investigation request form. If a complaint is first made in verbal form, or does not contain information substantially equivalent to the Board's form, then the Board's representative may require the complainant to use the Board's form to initiate an investigation. If the complainant is a client or former client of the respondent, then the complainant should sign a release form allowing the Board and its legal counsel access to records and other materials that are the ethical and legal responsibility of the respondent. Refusal by a complainant to comply with this requirement may result in dismissal of the complaint.

(4) Upon receipt of a valid complaint, a complaint file will be opened. A preliminary investigation or review will be conducted to determine if additional investigation and the assignment of additional investigators is necessary, or whether to file a report with the Board recommending the complaint be dismissed without further action. If additional investigation is deemed necessary, then the subject of the complaint will be notified that he/she is under investigation and provided with general information regarding the allegations being investigated. Notification may request a written response.

(5) Failure to cooperate with Board representatives during an investigation constitutes unprofessional conduct which may subject a licensee, registered associate, temporary practitioner, or applicant to disciplinary action.

(a) Cooperation includes:

(A) Submitting client records to the Board's representative, with or without a signed release by the client, for a full investigation of the allegations;

(B) Sending a complete case file to the Board's representative;

(C) Being available for a personal interview with the Board's representative; and

(D) Responding truthfully and accurately to all questions presented by the Board's representative.

(b) Licensees, registered associates, temporary practitioners, and applicants must not:

(A) Use threats or harassment to delay or obstruct any person in providing evidence in any investigation, contested case, or other legal action instituted by the Board.

(B) Use threats or harassment to obstruct or delay the Board in carrying out its regulatory functions.

(C) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records.

(D) Attempt to influence the testimony or participation in an investigation of any person believed to be a complainant or witness in a Board investigation, or to permit or encourage another person to do so.

(E) Engage in retaliation against another person for their participation in a Board investigation or provision of information to the Board.

(6) The Board may delay approving a licensure application or issuing an associate registration, temporary practice authorization, or license until a complaint has been resolved.

(7) The investigator shall collect evidence and interview witnesses. At the conclusion of the investigation, a report will be filed with the Board in accordance with the timelines and procedures outlined in ORS 676.160-676.180. The report will clearly set forth the issues on which the Board should consider possible action.

(8) The Board will maintain written procedures for handling complaints, which will be available through the Board office.

(9) Complaint and information gathered by investigation into licensee or applicant competency or conduct will be kept confidential in accordance with ORS 676.160-676.180.

(10) Licensees, registered associates, temporary practitioners, and applicants must comply with the terms of all Board Orders and Agreements. Failure to comply constitutes a violation of ORS 675.745(1)(f) and is grounds for disciplinary action.

Or. Admin. Code § 833-110-0011

BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 3-2016, f. & cert. ef. 8/8/2016; BLPCT 3-2018, amend filed 08/13/2018, effective 8/13/2018; BLPCT 1-2019, amend filed 12/18/2019, effective 1/1/2020; BLPCT 1-2020, temporary amend filed 03/18/2020, effective 03/18/2020 through 09/13/2020; BLPCT 2-2020, temporary amend filed 03/18/2020, effective 03/18/2020 through 09/13/2020; BLPCT 7-2020, amend filed 10/02/2020, effective 10/2/2020; BLPCT 3-2021, temporary amend filed 08/11/2021, effective 8/11/2021 through 2/6/2022; BLPCT 5-2021, amend filed 10/08/2021, effective 10/8/2021; BLPCT 4-2023, amend filed 08/08/2023, effective 8/8/2023

Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180

Statutes/Other Implemented: ORS 675.785 - 675.835