(a) Complaints against chiropractic physicians may be made by letter, in person, or by telephone call to the:

1. (1) President of the Arkansas State Board of Chiropractic Examiners;
2. (2) Secretary of the Arkansas State Board of Chiropractic Examiners; or
3. (3) Director of the Arkansas State Board of Chiropractic Examiners.

(b)

1. (1) All complaints shall be logged in a special record, which shall be updated as necessary to indicate the current status of all complaints.

2. (2)

   1. (A) The subject of the complaint will receive notification and a copy of the complaint.
   2. (B) He or she will be given ten (10) days to submit a response in writing to the Arkansas State Board of Chiropractic Examiners’ office.

3. (3) Failure of the subject of any and all complaints to cooperate:

   1. (A) May be considered unprofessional conduct; and
   2. (B) Will be taken into consideration by the board’s investigator and board’s attorney.

(c)

1. (1) Said complaints may be investigated by one (1) or more of the board members or agents of the board.
2. (2) Informal disposition may be attempted by settlement, consent, agreement, or for lack of sufficient probable cause if, in the opinion of the board, such disposition is warranted by the circumstances.

(d)

1. (1) Any and every complaint making out a prima facie case shall be presented to and reasonably disposed of by the board, giving due consideration to sufficient and necessary time to investigate and consider the complaint.
2. (2) Upon completion of an investigation, the designated board investigator and board’s attorney together shall determine whether a disciplinary hearing shall be scheduled to resolve the issue.

(g)

1. (1) If the information contained in the complaint states matters that are not under the authority of the board, or that would not constitute a violation if proven, the board may take no action.
2. (2) Notice shall be given to the complainant and the licensee that the complaint has been reviewed with the determination that no action is warranted by the board.

(h)

1. (1) Notwithstanding any of the foregoing, any complaint received by the board that involves a procurer, as defined in Arkansas Code § 17-81-107(a)(1), imperatively requires immediate action and special handling.

2. (2) For all such complaints, the following provisions shall apply:

   1. (A)

(e) (e) Any demand for relief or specific request for an act of the board.

1. (ii) A complaint reduced to writing is for all purposes the equivalent of a complaint received in writing;

   1. (B) Each written complaint shall be signed by the person receiving the complaint and distributed without delay to the:

      1. (i) President of the board;
      2. (ii) Secretary or executive secretary;
      3. (iii) Investigating officer; and
      4. (iv) Attorney for the board;

   2. (C)

      1. (i) Within three (3) business days of the distribution of such complaint, the board shall initiate the service of notice upon the licensee in accordance with 17 CAR § 110-702(b)(1) – (4).
      2. (ii) A copy of the complaint and any additional information in custody of the board may, in the discretion of the board, be provided to the appropriate law enforcement agency for investigation and possible prosecution pursuant to Arkansas Code §§ 5-37-505 and 5-37-506;

   3. (D) The notice of complaint shall provide the licensee with a copy of the written complaint as distributed, and shall advise the licensee that:

      1. (i) The complaint that has been made against the licensee involves a procurer;
      2. (ii) His or her response to the complaint is due within ten (10) business days of service; and
      3. (iii) A copy of the notice of complaint and any supporting documents may be provided to the appropriate law enforcement agency for investigation and appropriate action; and
   4. (E) Upon receipt of the response of the licensee, the date of the response is noted, and the response shall be distributed without delay to the president of the board, the secretary or executive secretary, the investigating officer, and the attorney for the board.