Mo. Code Regs. tit. 20 § 2263-1.025

Current through Register Vol. 49, No. 23, December 2, 2024

Section 20 CSR 2263-1.025 - Complaint Handling and Disposition

PURPOSE: This amendment updates a statutory reference and updates those individuals under the committee's statutory authority.

PURPOSE: This rule establishes a procedure for the receipt, handling, and disposition of public complaints pursuant to the mandate of section 324.002, RSMo.

(1) The Division of Professional Registration, in coordination with the State Committee for Social Workers, will receive and process each complaint made against any licensed social worker, registrant, applicant, individual, or entity, in which the complaint alleges certain acts or practices may constitute one (1) or more violations of the provisions of sections 337.600-337.689, RSMo or the administrative rules. No member of the State Committee for Social Workers may file a complaint with the division or committee while holding that office unless that member is excused from further committee deliberation or activity concerning the matters alleged within that complaint. Any division staff member or the committee may file a complaint pursuant to this rule in the same manner as any member of the public.

(2) Complaints shall be mailed or delivered to the following address: State Committee for Social Workers, 3605 Missouri Boulevard, P.O. Box 1335, Jefferson City, MO 65102. However, actual receipt of the complaint by the committee at its administrative offices in any manner shall be sufficient. Complaints may be based upon personal knowledge, or upon information and belief, reciting information received from other sources which does not violate a client's right to privacy.

(3) All complaints shall be made in writing on a form provided by the committee and shall fully identify the complainant by name and address. Verbal or telephone communication will not be considered or processed as a complaint, however, the person making such communication will be asked to supplement the communication with a written complaint on a form provided by the committee. Individuals with special needs as addressed by the Americans with Disabilities Act (ADA) may notify the committee office at (573) 751-0885 for assistance. The text telephone for the hearing impaired is (800) 735-2966.

(4) Each complaint received under this rule will be logged and maintained by the division. The log will contain a record of each complainant's name; the name and address of the subject(s) of the complaint; the date each complaint is received; a brief statement concerning the alleged acts or practices; a notation indicating the complaint was dismissed by the committee or a disciplinary action was filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the committee.

(5) Each complaint received under this rule shall be acknowledged in writing. The complainant and licensee shall be notified of the ultimate disposition of the complaint.

(6) This rule shall not be deemed to limit the authority to file a complaint with the Administrative Hearing Commission charging the committee's licensee with any actionable conduct or violation, whether or not such a complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the committee.

(7) The division interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the committee. This rule is not deemed to protect or inure to the benefit of those licensees or other persons against whom the committee had instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 337.600-337.689, RSMo or any rules promulgated by the committee.

20 CSR 2263-1.025

AUTHORITY: sections 337.627, RSMo 2000 and 337.677 and 620.010.15(6), RSMo Supp. 2001.* This rule originally filed as 4 CSR 263-1.025. Original rule filed Jan. 20, 1999, effective July 30, 1999. Amended: Filed Oct. 30, 2002, effective June 30, 2003. Moved to 20 CSR 2263-1.025, effective Aug. 28, 2006.

Amended by Missouri Register July 1, 2019/Volume 44, Number 13, effective 9/3/2019

*Original authority: 337.627, RSMo 1989, amended 1993, 1995, 1997; 337.677, RSMo 2001; and 620.010, RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001.