Okla. Admin. Code § 86:10-29-3

Current through Vol. 42, No. 4, November 1, 2024

Section 86:10-29-3 - Complaint Procedure

(a)Receiving Requests for Inquiry. Any person may file a RFI against a LPC, Candidate, or a person who delivers licensed professional counseling services without a license. A person wishing to report a concern shall notify the Board in writing. Upon receipt of the RFI, the Executive Director will:

(1) Stamp the first page of the RFI indicating date of receipt;

(2) Review the RFI to determine if the person against whom the RFI is made is a person who is subject to the jurisdiction of the Board;

(3) Generate a letter to the complainant indicating receipt of the RFI.

(b)Reviewing Request for Inquiry. If the Complaint Committee decides to meet with an individual, the Complaint Committee shall proceed by:

(1) The Executive Director has the authority to do the following:

(A) Respond directly to a Complainant without need for referral to the Complaint Committee when matters do not allege a violation of the Act and/or Rules; or

(B) Refer a RFI to the Complaint Committee when allegations would be a violation of the Act and/or Rules.

(2) The Complaint Committee has authority to do the following:

(A) Meet with individuals who are under the jurisdiction of the Board and are the subject of the RFI;

(B) Appoint an investigator to investigate the RFI;

(C) Outline the terms of a proposed Stipulation, Agreed Settlement, or Consent Order for the informal disposition of the RFI to be submitted to the Board for approval;

(D) Authorize the filing of a Formal Complaint and Notice of Hearing in order to initiate an Individual Proceeding; and

(E) Close the RFI.

(c)Informal Interviews.

(1) If the Complaint Committee decides to meet with an individual, the Complaint Committee shall proceed by:

(A) Notifying the LPC or Candidate that a RFI has been received, outlining the nature of the inquiry; and

(B) Requesting a prompt letter to the Board responding to the merits of the RFI and a meeting with the Complaint Committee for an interview at a date and time determined by the Complaint Committee.

(2) If the LPC or candidate fails to respond with a prompt letter or fails to meet with the Complaint Committee at their request, the Complaint Committee may refer the RFI for investigation.

(d)Requests for Investigation.

(1) If the Complaint Committee decides to forward the RFI for investigation, the Complaint Committee shall proceed by:

(A) Contacting an investigator designated by the Board to address the RFI;

(B) Providing the designated investigator with the name and address of the complainant, if available, and the LPC or candidate; and

(C) Notifying the LPC or candidate by certified mail that a RFI has been received and an investigation is being conducted.

(2) The Complaint Committee may request that LPC or candidate be interviewed by the designated investigator or by the Assistant Attorney General in a setting under oath.

(3) The Complaint Committee may refer the RFI to a law enforcement agency for criminal investigation, if the Committee determines that a crime has or may have been committed.

(e)Summary Suspension. After the filing of a Formal Complaint and Notice of Hearing, but prior to an Individual Proceeding, in the event of an emergency, a summary suspension hearing may be held as set forth herein. If the Chair of the Board and the Complaint Committee determine that an emergency exists for which the immediate suspension of a license is imperative for the protection of the public health, safety or welfare, the Board may conduct a summary suspension hearing to temporarily suspend the license of any person under the jurisdiction of the Board. The Chair or Vice-Chair may issue an Order of Temporary Summary Suspension upon a finding by clear and convincing evidence that the immediate suspension is imperative for the protection of the public health, safety or welfare. The summary suspension hearing shall be conducted in accordance with the APA. The LPC or Candidate shall be given at least 48 hours personal notice to appear for the summary suspension hearing outlining the specific issues that constitute an emergency and for which summary suspension is imperative for the protection of the public health, safety or welfare. Following the Order, an Individual Hearing on the merits of said Formal Complaint and Notice of Hearing shall be held promptly.

Okla. Admin. Code § 86:10-29-3

Adopted by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016