(a) Complaint.

1. (1)

   1. (A) The Arkansas Dietetics Licensing Board is authorized to receive complaints against licensees or applicants from any person.
   2. (B) Signed complaints must be submitted in writing to the board’s office.
   3. (C) A complaint form may be obtained from the board’s office.
2. (2) The board may on its own motion, in the absence of a written complaint, conduct an investigation of a suspected violation if reasonable cause exists to believe a violation has occurred.

(b) Investigation.

1. (1)

   1. (A) The board shall investigate a complaint if the complaint states prima facie violations of the Dietetics Practice Act, Arkansas Code § 17-83-101 et seq., or board rules.
   2. (B) The Chair of the Arkansas Dietetics Licensing Board will appoint one (1) or more board members to investigate the complaint.

2. (2)

   1. (A) A copy of the complaint will be sent certified mail to the party complained against.
   2. (B) The party complained against shall submit a written response to the complaint within a reasonable time as provided by the board’s instructions.

3. (3)

   1. (A) The board investigator or investigators will review the response to the complaint.
   2. (B) Further investigation will be conducted if deemed appropriate.

4. (4)

   1. (A) Upon completion of the investigation and upon the recommendation of the board investigator or investigators, the board will determine whether to:

(i) Conduct a hearing;

1. (ii) Dismiss the complaint; or

   1. (iii) Take other appropriate action.
   2. (B) All interested parties will be notified of the board’s instruction.

2. (5) When appropriate, informal hearing procedures may be used to attempt to resolve complaints in lieu of an administrative hearing.

   1. (c) Suspension, revocation, or other sanctions.
3. (1) Prior to the entry of a final order to suspend, revoke, or impose other sanctions upon a licensee, the agency will serve the licensee a notice of hearing in the manner set out in Arkansas Code § 25-15-208 and 17 CAR § 90-114.
4. (2) The board has the burden of proving the alleged facts and violations of law stated in the notice.