Ala. Admin. Code r. 746-X-4-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 746-X-4-.02 - Complaint Investigation Procedure

(1) In the event a complaint is filed against a licensee, or an accredited facility or it is determined from other information that an investigation is necessary, the procedure for investigation shall be as follows:

(a) Any complaint shall be assigned to a Committee made up of two (2) Board Members. The Board's Executive Director shall be a member of each committee.

(b) At any time during the course of an investigation of a complaint, the Board may, in its discretion, issue a Letter of Concern to the individual or entity who is the subject of the complaint. A Letter of Concern shall consist of a private, confidential, written communication from the Board to the subject of the complaint, the contents of which shall be specified by the Board. A Letter of Concern shall not be considered a disciplinary action and is not intended to communicate a finding on the part of the Board that the individual or entity to whom the Letter of Concern is directed will be charged with or has been found guilty of any wrong doing. The purpose of the Letter of Concern is to provide notice to the applicable individual or entity that the Board has concluded that the alleged actions or conduct in question may not be in accord with the provisions of the Alabama Prosthetists and Orthotists Act, Board's Rules or any other applicable law. The issuance of a Letter of Concern shall not preclude the Board from taking any other action authorized by law. A Letter of Concern shall be deemed a non-public record. The Board shall notify the complainant of its decision to issue a Letter of Concern. The Board may make public statistical reports concerning the number and type of Letter of Concern issued.

(c) At such time as the committee may determine that there is probable cause to believe that an individual or entity is guilty of violating any of the professional standards set out in Rules 746-X-3, then the committee may direct that a written administrative complaint be prepared by the Executive Director. The administrative complaint shall be executed by the Presiding Officer, or any member designated by the board and shall request that the Executive Director issue an order directing the respondent to appear and answer the allegations of the administrative complaint. The subject of the investigation will be afforded the opportunity to plea guilty and pay a fine set by the committee and approved by the Board.

(d) If the Committee determines after investigation, and consultation with the Board's counsel, that probable cause exists of a violation of the Alabama Prosthetists and Orthotists Act, the Board Rules or any other applicable law, the individual or entity the subject of the complaint shall be served with a Notice of charges and the time and place for a hearing as set forth in the Alabama Prosthetists and Orthotists Act, the Alabama Administrative Procedure Act or any applicable Board Rule. If there is a determination of probable cause, those on the Committee shall not be a part of the Board who considers the charges.

In the event the Committee determines that probable cause does not exist, no further action will be taken and the complaint shall be considered closed. In that event, the complainant shall be notified.

(e) When the Board determines that there exists sufficient evidence to believe that a respondent may have violated the Professional Standards as set in Rule 746-X-3, then the Board may direct that a notice and complaint be filed with the Board and served upon the respondent. The notice and complaint shall set a date for a hearing before the Board not less than thirty (30) days after the date of service of the notice, or in the case of a renewal license, not later than thirty (30) days after the expiration of such license. Notice may be served by personal service or by certified mail, return receipt requested, to the last known address of the respondent. If the respondent cannot be located at this last known address or if it appears that the respondent is seeking to avoid service of the notice, then the Presiding Officer may direct service of process in any other manner permitted by law. When the Board has made a reasonably diligent inquiry and cannot establish a valid mailing address for the respondent, then notification to the Board by the U.S. Post Office of attempted service by certified mail, return receipt requested, to the last known mailing address of the respondent, shall authorize the Board to proceed in the absence of the respondent.

Ala. Admin. Code r. 746-X-4-.02

New Rule: Filed August 8, 2003; effective September 12, 2003. Amended: Filed December 17, 2004; effective January 21, 2005. Amended: Filed December 16, 2005; effective January 20, 2006. Amended: Filed November 14, 2007; effective December 19, 2007. Amended: Filed March 29, 2012; effective May 3, 2012.

Author: Glenn Crumpton

Statutory Authority:Code of Ala. 1975, §34-25A-1-14.