(a) Initiation.

1. (1) The formal investigation of a complaint against a licensed, registered, apprentice, or student optician may be initiated when the complaint is in writing and filed with the Arkansas Board of Dispensing Opticians.
2. (2) The complaint must contain a brief statement setting forth the allegations of fact and naming the optician against whom the complaint is filed.

(b) Prima facie determination.

1. (1) Upon receipt of a complaint, the Complaint Committee shall review same to determine whether the complaint states a prima facie violation of any provision of Arkansas Code § 17-89-201 et seq., or this part.
2. (2) Should the Complaint Committee determine that the complaint does not state a prima facie violation of the law or other board rules the Secretary-Treasurer of the Arkansas Board of Dispensing Opticians shall submit the complaint to the board at the first available opportunity for the board’s determinations whether a prima facie case is stated in the complaint.
3. (3) Should the board determine the complaint fails to state a prima facie violation, the board shall notify the complainant the complaint has been dismissed.

(c) Board initiation.

1. (1) The board may initiate an investigation upon its own motion when it has reason to believe a violation of Arkansas Code § 17-89-201 et seq., or this part may have occurred.
2. (2) Individual board members should utilize the written complaint method for complaints against individual dispensing opticians.

(d) Time limit for filing of complaint.

1. (1) The Complaint Committee may consider complaints only if the complaint was filed within one (1) year from the time the alleged complaint either occurred or was discovered.
2. (2) Any complaint not received within this time limit shall not be considered, and the complainant shall be so notified.