30 Miss. Code. R. 2201-8.2

Current through December 10, 2024

Rule 30-2201-8.2 - Complaint Procedures

A. Complaints should be submitted to the Executive Director at the Board office.

1. If needed, the Executive Director of the Board shall send the appropriate complaint forms to the complainant.

2. The complaint should be on the complaint forms approved by the Board.

3. The complaint should include the street address, phone numbers, email address, and any other reasonable contact information of the individual filing the complaint.

4. The complaint should include any witness information.

5. For complaints submitted on the printed complaint forms, the complainant is responsible for completing, notarizing, and returning the forms to the Board Office.

6. The Board may bring a complaint upon its own motion if it can be substantiated as a complaint.

B. Upon receipt of a complaint, the Executive Director will:

1. Assign a complaint number and enter complaint information in the Complaint Log;

2. Prepare a file for the original documents of the complaint;

3. Copy the original documents;

4. Send the copy to the Board member assigned the complaint or, at the direction of the Board, an external investigator, and the Board attorney;

5. Complaints shall be assigned among Board members as the Board investigator on a rotating basis; and

6. The option of assigning a complaint to an external investigator shall be determined by the Board on a case-by-case basis.

C. The Board member or investigator shall:

1. Investigate the complaint to determine validity, appropriateness, and jurisdiction of the complaint based on the Code of Ethics, the Rules and Regulations, and the statutes governing Licensees.

2. Inform the Accused a complaint has been filed against them and they are under investigation. Notice of the filed complaint shall be given within a reasonable time from the date of receipt of the complaint, not to exceed one hundred twenty (120) calendar days. The investigating Board member or investigator shall notify the counselor of the allegations and corresponding Code of Ethics, Statutes, and/or Rules and Regulations violations.

3. Once the Accused receives the letter from the investigating Board member or investigator, the Accused shall have ten (10) calendar days to respond to the allegations. The Accused may request an extension, of up to thirty (30) calendar days, to respond to the complaint. Extensions will be granted on a case-by-case basis. Justification for additional time is determined by the assigned/designated Board member/investigator;

4. All official notices to the Accused should be completed using certified return receipt mail;

5. Appropriate documentation should be copied to the Executive Director and the Board attorney; and

6. Original mail receipts should be forwarded to the Board office; investigating Board members and/or investigators should keep copies.

D. Criteria the investigating Board member or investigator can use for determining whether a charge should be accepted as a formal complaint includes, but is not limited to, the following:

1. Whether or not the person is a Licensee;

2. Whether the charge, if true, would constitute a violation of the Code of Ethics, Rules and Regulations, or the statutes that govern Licensees;

3. Whether passage of time since the violation requires that the complaint be rejected;

4. Whether relevant, reliable information or proof concerning the charge is available;

5. Whether the complainant is willing to provide proof or other information; and

6. Whether the charge appears to be justified or supportable considering the proof available.

E. The Board shall conduct a meeting, with a quorum present, to hear a case presented by the assigned/designated Board member or investigator.

1. The assigned case number will be used in referring to the case.

2. Only a minimal description of the case should be offered at this juncture of the proceedings.

3. The Board member can recommend that the Board:

a. Vote to take no action, if no action is merited;

b. Authorize a disciplinary hearing and initiate a formal complaint and notice of disciplinary hearing;

c. Issue a non-disciplinary Advisory Letter;

d. Take other appropriate action, as deemed necessary by the Board or

e. Resolution of any formal complaint may be made between the Board and the Accused. Note: this usually takes the form of an agreed order.

F. In the event that the Board authorizes that a disciplinary hearing be held, the following shall occur:

1. The Accused should receive notice thirty (30) calendar days prior to the date of the disciplinary hearing.

2. Notice shall be considered to have been given if the notice was personally served or by mailing a copy thereof by U.S. First Class mail, postage prepaid, return receipt mail to the last known address of the Accused or his/her/their representative.

3. The notice shall inform the Accused of the facts which are the basis of the complaint and which are specific enough to enable the Accused to defend against the complaint.

4. The notice of the complaint shall also inform the Accused of the following:

a. The date, time, and location of the hearing;

b. That the Accused may appear personally at the disciplinary hearing and may be represented by counsel; and

c. That the Accused shall have the right to produce witnesses and evidence on the behalf of the Accused and shall have the right to cross-examine adverse witnesses and evidence.

5. The disciplinary hearing shall be before the Mississippi State Board of Examiners for Licensed Professional Counselors and shall be presided over by the Chair, senior member, or designee of the Board.

6. Following the disciplinary hearing, the Board shall, in writing, notify the Accused as to what sanctions(s), if any, shall be imposed and the basis for the Board's action.

7. The Board, upon complaint by any citizen or upon the Board's own motion, can compel attendance of witnesses, the production of documents, administer oaths to witnesses, hear testimony, and receive evidence considering all matters within its jurisdiction.

G. The Board may assess and levy upon any Licensee, practitioner or Applicant for licensure the costs incurred or expended by the Board in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the costs of process service, court reporters, expert witnesses, investigators and attorney's fees.

H. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law.

I. All final orders issued by the Board shall be reflected in the Board minutes.

30 Miss. Code. R. 2201-8.2

Miss Code Ann. § 73-30-23 & 73-30-7(6) & 73-30-21 (Rev. 2018)

Amended 1/10/2020

Amended 1/2/2023