D.C. Mun. Regs. tit. 28, r. 28-4002

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

Rule 28-4002 - COMPLAINT PROCESS

4002.1

A complaint that involves an allegation of professional negligence, misconduct, or erroneous identification of a person or other testing error that occurred in the provision of forensic science services at the Department may be made by any individual or entity.

4002.2

(a) A complaint shall be filed with the Department using the Department's Complaint/Inquiry Form, which is available on the Open Government page of the Department's website (www.dfs.dc.gov).

(b) The form shall be completed by the person making the complaint or by a person acting on behalf of the person making the complaint.

(c) If the Department receives an oral complaint, the Department shall request that the complainant file the complaint using the Department's Complaint/Inquiry Form. If the complainant refuses to do so, the Department shall reduce the oral complaint to writing by filling out the Department's Complaint/Inquiry Form.

(d) If the Department receives a written complaint that is not provided on the Department's Complaint/Inquiry Form, the Department shall transfer the complaint to the Department's Complaint/Inquiry Form.

4002.3

Upon receipt of a complaint by the Department, the following actions shall be taken:

(a) The Department shall forward the complaint to the Deputy Director and General Counsel.

(b) The Department shall acknowledge the complaint within two (2) business days of receipt, if contact information is provided for the complainant;

(c) The Deputy Director and General Counsel shall, within five (5) business days after the complaint is received, complete an investigation of the complaint and determine whether further action is necessary.

(d) If the complaint requires further action, the Department shall address the complaint through a Quality Corrective Action Report (QCAR), a Quality Preventative Action Report (QPAR), an employee investigation, or any other means deemed appropriate by the Deputy Director and General Counsel.

(e)

(1) If a complaint results in a QCAR, the Department shall notify the Board within five (5) business days. The notification shall include a copy of the complaint, a written description of the investigation of the investigation of the complaint, and a copy of the QCAR.

(2) The Department is not required to send to the Board a complaint that does not result in a QCAR.

(f) At each Board meeting, the Director shall report to the Board on all completed investigations. With respect to each completed investigation, the report shall include a summary of the underlying complaint conclusions from the investigation, and recommendations for any further action, if any.

D.C. Mun. Regs. tit. 28, r. 28-4002

Final Rulemaking published at 66 DCR 002504 (3/1/2019)