Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-13-3 - Denial, Suspension, or Revocation of Certification3.1. Any person, firm, corporation, member of the Fire Commission, State Fire Marshal, or public officer may make a complaint to the State Fire Commission making an accusation that a Fire Chief is in violation of State laws, rules, or regulations applicable to fire departments. The Fire Commission may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following: 3.1.a. The name of the fire department and the fire chief or acting chief against whom the complaint is lodged;3.1.b. The date of the alleged incident;3.1.c. The nature of the alleged violation; and,3.1.d. The location of the alleged violation.3.2. Complainants are immune from liability for the allegations contained in their complaints filed with the Fire Commission unless the complaint is filed in bad faith or for a malicious purpose.3.3. The Fire Commission shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.3.4. The Fire Commission shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.3.5. Upon receipt of a complaint, the Fire Marshal and the Chair of the Fire Commission shall review the complaint and one of the following acknowledgments to the complainant shall be issued: 3.5.a. That the matter will be reviewed by the Fire Commission;3.5.b. That the complaint is outside the jurisdiction of the Fire Commission, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,3.5.c. That more information will be required in order to adequately review the individual complaint.3.6. If the complaint is acknowledged under subdivision 3.5.a., or 3.5.b., the State Fire Marshal shall send a copy of the complaint, including any supporting documentation, by certified mail to the chief or acting chief in question for his or her written comment, and he or she shall submit a written response to the Fire Commission within 30 calendar days of the date of such correspondence, or waive the right to do so.3.7. Requests for comment on complaints sent to chiefs or acting chiefs, shall be considered properly served when sent to the last address on file with the Fire Commission. It is the responsibility of the chief or acting chief to keep the Fire Commission informed of his or her current address.3.8. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 3.5.b. of this rule, the Fire Marshal and Chair of the Fire Commission shall cause to be conducted any reasonable inquiry or investigation necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Fire Marshal, be assigned to a designee, who shall be a full time employee of the State Fire Marshal, or, alternatively, to an ethics investigator, for review and investigation.3.9. Upon receipt of a complaint the designee, or ethics investigator, shall, within 60 days, review and investigate the same and provide the Fire Commission with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the investigation, the records reviewed, and interviews conducted, and a statement of the designee's, or ethics investigator's, findings and recommendations. The Fire Commission, the designee, or ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the chief or acting chief in question, or any other involved parties, a report of which shall be placed in the investigation file.3.10. To facilitate the disposition of a complaint, the Chair of the Fire Commission, a designee, or ethics investigator, may request any person to attend an informal conference at any time prior to the Fire Commission entering any order with respect to the complaint. The Chair of the Fire Commission, designee, or ethics investigator, shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.3.11. The Fire Commission may issue subpoenas and subpoenas duces tecum to complete the investigation and to determine the truth or validity of complaints. A designee, or ethics investigator, may request that the Fire Commission issue subpoenas or subpoenas duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for the same.3.12. At any point in the course of an investigation or inquiry into a complaint, the designee, or ethics investigator, may decide to recommend to the Fire Commission that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a chief or acting chief may be sanctioned by the Fire Commission: Provided, That the designee, or ethics investigator, shall make their respective findings and recommendations to the Fire Commission in writing prior to the Fire Commission dismissing the complaint.3.13. At any point in the course of an investigation or inquiry, the designee, or ethics investigator, may recommend to the State Fire Commission that there is sufficient evidence to warrant a finding of probable cause that a violation has occurred, or designee, or ethics investigator, shall make their respective findings and recommendations to the Fire Commission in writing, and the Fire Commission shall make a determination whether or not probable cause is found to limit or restrict a certification, suspend a certification, or revoke any certification issued by the Fire Commission. If the Fire Commission finds probable cause that a violation may have occurred, a Complaint and Notice of Hearing shall be issued by the State Fire Commission.3.14. Upon either a finding of probable cause, or no probable cause by the Fire Commission,, the Fire Marshal shall promptly send a copy of the same, including any supporting documentation, to the complainant.