Or. Admin. Code § 331-020-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 331-020-0040 - Complaint Processing and Investigation

When a complaint is filed with the Office:

(1) The Office will determine whether the complaint is related to a profession or occupation under the Office's authority and falls within authority delegated to the Office by statute.

(2) The Office unit will:

(a) Review the complaint, and as applicable, interview parties and witnesses, and examine physical evidence;

(b) Determine whether an authorization holder or other individual practiced within the standards of the program;

(c) Recommend Office or board action.

(3) Appropriate action will be determined.

(4) As used in ORS 676.608(8), to "appear before the Office" includes: an investigative interview conducted under oath, under subpoena or otherwise compelled; an interview before a board, council, or subcommittee of a board or council; any depositions authorized by the Office; pre-hearing conferences; and contested case hearings. It does not include requests for records, records compelled by a subpoena, interrogatories, written admissions, other written communications, or voluntary communications, including voluntary settlement discussions.

Or. Admin. Code § 331-020-0040

HLO 1-2004, f. & cert. ef. 2-13-04; HLA 1-2009, f. & cert. ef. 6-1-09; HLA 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11; HLA 2-2011(Temp), f. & cert. ef. 3-17-11 thru 8-28-11; HLA 8-2011, f. 8-9-11, cert. ef. 8-15-11; HLO 71-2018, amend filed 04/30/2018, effective 5/1/2018; HLO 73-2018, minor correction filed 05/10/2018, effective 5/10/2018

Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.608, ORS 676.615 & ORS 681.700-681.730

Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.608, ORS 676.615 & ORS 681.700-681.730