Section 324.165

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 1997   

  324.165.  Board, rules adopted, when — disposition of complaints, procedure. — 1.  The board shall adopt rules concerning the investigation of a complaint filed with the board.  The rules adopted pursuant to this subsection shall:

  (1)  Distinguish between categories of complaints;

  (2)  Ensure that complaints are not dismissed without appropriate consideration;

  (3)  Require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;

  (4)  Ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and

  (5)  Prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator.

  2.  The board shall dispose of all complaints in a timely manner.  The board shall establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the tenth day after the date the complaint is received by the board.  The schedule shall be kept in the information file for the complaint and all parties shall be notified of the projected time requirements for pursuing the complaint.  A change in the schedule shall be noted in the complaint information file and all parties to the complaint shall be notified not later than five days after the date the change is made.

  3.  The executive director of the board shall notify the board of a complaint that extends beyond the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.

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(L. 1997 S.B. 141 § 29)