Section 260-RICR-50-05-5.10 - Process for Revocation of CertificationA. If the Director receives a complaint from any interested person alleging one of the conditions calling for Review or Revocation of Certification, as previously defined in these regulations: 1. The Director, in his/her discretion, may conduct a preliminary investigation and refer the matter to the Director's designee for preliminary determination.2. The Director will advise the QRC/QRCI (in writing) of the nature and allegations contained in the complaint and request a written response from the QRC/QRCI within 15 days.3. The Director's designee will review the complaint, the results of any preliminary investigation and the written reply of the QRC/QRCI.4. If the Director's designee determines that no probable cause exists to believe that one or more of the conditions calling for Revocation of Certification have been breached, the complaint will be dismissed. Notice of dismissal will be sent to the QRC/QRCI.5. If the Director's designee determines that probable cause exists to believe that one or more of the conditions calling for Revocation of Certification have been breached, the QRC/QRCI will be entitled to a hearing before the Rehabilitation Counselor Review Panel, upon request.6. The QRC/QRCI will be notified, in writing, of any determination made regarding the existence of probable cause to believe that one or more of the conditions calling for Revocation of Certification have been breached.7. If the QRC/QRCI chooses not to contest the Director's designee finding of probable cause, the Director will impose whatever discipline he/she feels is appropriate under the circumstances.8. If the QRC/QRCI requests a hearing, one will be scheduled to be heard by the Rehabilitation Counselor Review Panel within 30 days of receipt of the request.9. The Rehabilitation Counselor Review Panel will conduct a hearing. This Panel will be comprised of one Qualified Rehabilitation Counselor selected by the QRC or QRCI whose conduct is in question, one Qualified Rehabilitation Counselor selected by the Director and one Qualified Rehabilitation Counselor selected by a consensus of the Executive Board of the Association of Rehabilitation Professionals of Rhode Island.10. At the conclusion of the hearing, the Panel will render an advisory opinion to the Director regarding the existence of one or more of the conditions calling for revocation of certification.11. The Director will review the advisory opinion of the Panel and take whatever action he or she, in his or her discretion, deems appropriate.12. If a QRC/QRCI has been suspended or his/her certification revoked, his/her name shall be removed from the Director's registry of Certified Rehabilitation Counselors until such time as he/she has been reinstated.13. If the QRC/QRCI wishes to contest the decision of the Director, he/she may utilize any and all remedies available pursuant to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.260 R.I. Code R. 260-RICR-50-05-5.10
Adopted effective 1/7/2019