Section 11 - Probable Cause Determinations; Certification and Service of Complaints(A) Probable Cause Panels. The Board shall establish two probable cause panels to review each complaint filed with the Board. The chair of the Board shall designate three commissioners to serve on each panel and shall designate one attorney or judge commissioner as chair. Each panel shall meet in person or by teleconference pursuant to a schedule established by the director of the Board. Except as provided in division (B) of this section, the director shall assign each complaint and the investigatory materials to a probable cause panel for review. Upon review solely of the complaint and any materials submitted with the complaint pursuant to Section 10 of this rule, the probable cause panel shall make an independent determination of whether probable cause exists for the filing of a complaint. The panel shall issue an order certifying the complaint, in whole or in part, to the Board or dismissing the complaint and investigation in its entirety.(B) Waiver of Probable Cause. If the respondent has expressly waived, in writing, his or her right to an independent determination of probable cause by the Board, the director shall immediately certify the complaint to the Board and send a copy of the complaint to the relator and by electronic service address or certified mail to the respondent.(C) Service, and Publication of Certified Complaint; Notice of Dismissal. The director shall take the following action based on the order of the probable cause panel: (1) If the panel certifies the complaint in its entirety, the director shall serve the complaint on the respondent via electronic service address or certified mail and send a copy to the relator.(2) If the panel certifies the complaint in part, the director shall instruct the relator to prepare and submit a new complaint that conforms to the order of the probable cause panel. Upon receipt of the new complaint, the director shall serve the complaint on the respondent via electronic service address or certified mail and send a copy to the relator.(3) If the panel dismisses the complaint for want of probable cause, the director shall provide the relator and respondent with notice of dismissal. The notice shall advise the relator of its ability to appeal the dismissal to the full Board.(4) Upon certification to the Board, the director shall publish or post a copy of each complaint on the Board's web page.(D) Appeal of Dismissal. Within seven days of receipt of the decision of the probable cause panel to dismiss the complaint in its entirety, the Office of Disciplinary Counsel or certified grievance committee may appeal the decision to the full Board by filing a written appeal with the director of the Board. Upon review solely of the complaint and any materials submitted with the complaint pursuant to Section 10 of this rule, the Board shall make an independent determination as to whether probable cause exists for the filing of a complaint. The Board shall issue an order certifying or dismissing the complaint and notify the relator and respondent of its decision as set forth in division (C) of this section. There shall be no appeal from the decision of the Board.(E) Retention and Destruction of Probable Cause Materials. The director shall retain the complaint, summary of investigation, and attached investigatory materials until such time as a probable cause panel makes a final determination regarding certification of the complaint, until the time for appealing a dismissal of the complaint has expired, or until the Board issues an order regarding any appeal of a dismissal, whichever is later. After a final determination regarding probable cause has been made by a panel or the Board, the director shall dispose of all documents and investigatory materials, other than the formal complaint certified to the Board.Amended September 9, 2020, effective 11/1/2020.