D.C. Mun. Regs. tit. 17, r. 17-3314

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-3314 - COMPLAINTS: INVESTIGATIONS

3314.1

A board, on its own motion or on the receipt of a complaint submitted in accordance with § 3314.2, shall request the Director to investigate a practitioner if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action.

3314.2

The Director, upon receipt of a request from a board of a complaint meeting the foregoing requirements, shall investigate the complaint.

3314.3

A person who desires to file a complaint against a practitioner shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to a board.

3314.4

Nothing in § 3314.3 precludes a board, on its own motion, from requesting the Director to investigate a practitioner based on information obtained from an individual who does not file a complaint in accordance with that subsection.

3314.5

A board may request a practitioner under investigation to respond in writing to any allegations. If the board requests such a response, the board shall inform the practioner of the following:

(a) That the practitioner is not required to respond to the request;

(b) That a copy of any response may be sent to the complainant, if any;

(c) That the failure to respond will not be held against the practitioner in any subsequent action based on the investigation; and

(d) That any response may be used against the practitioner in a subsequent action.

3314.6

If a board receives a written response from a practitioner requested pursuant to § 3313.5, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the board.

3314.7

After considering the facts of a particular case, the complaint, if any, and any response thereof, a board shall take one of the following actions:

(a) Refer the complaint to the Director for investigation;

(b) Issue a notice of intended action in accordance with § 3315;

(c) Request that the practitioner attend a settlement conference in accordance with § 3322; or

(d) Dismiss the complaint.

3314.8

If a board dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

D.C. Mun. Regs. tit. 17, r. 17-3314

Final Rulemaking published at 35 DCR 3488, 3497 (May 13, 1988),