3122 COMPLAINTS; INVESTIGATIONS

3122.1 The Director, on the Director's initiative or on receipt of a complaint, shall investigate a funeral services establishment if the facts alleged would constitute grounds for disciplinary action under this chapter.3122.2 A person may file a complaint in writing against a funeral services establishment.3122.3 The Director may request a funeral services establishment under investigation to respond in writing to any allegations. If the Director requests such a response, the Director shall inform the funeral services establishment:- (a) That the funeral services establishment is not required to respond to the request;

- (b) That a copy of any response may be sent to the complainant, if any;

- (c) That the failure to respond will not be held against the funeral services establishment in any subsequent action based on the investigation; and

- (d) That any response may be used against the funeral services establishment in a subsequent action.3122.4 The Director may send a copy of the funeral services establishment response, if any, to the complainant and request a written reply within a time period determined by the Director.3122.5 After considering the facts of a particular case, the complaint, if any, and any response, the Director shall take one of the following actions:- (a) Initiate an investigation;

- (b) Issue a notice of intended disciplinary action pursuant to section 3125;

- (c) Notify the licensee or applicant that particular deficiencies are required to be corrected within the period stated in the notice;

- (d) Refer the case to the Office of the Corporation Counsel for prosecution pursuant to section 19 of the act, D.C. Code, section 2-2818; or

- (e) Dismiss the case3122.6 If the Director undertakes an investigation, the Director shall, within sixty (60) days of the completion of the investigation, take one of the actions listed in section 3122.5(b)-(e).

Source: Final Rulemaking published at 39 DCR 7853, 7864 (October 23, 1992).