3314.1 A board, on its own motion or on the receipt of a complaint submitted in accordance with § 3314.2, shall request the Director to investigate a practitioner if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action.

3314.2 The Director, upon receipt of a request from a board of a complaint meeting the foregoing requirements, shall investigate the complaint.

3314.3 A person who desires to file a complaint against a practitioner shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to a board.

3314.4 Nothing in § 3314.3 precludes a board, on its own motion, from requesting the Director to investigate a practitioner based on information obtained from an individual who does not file a complaint in accordance with that subsection.

3314.5 A board may request a practitioner under investigation to respond in writing to any allegations. If the board requests such a response, the board shall inform the practitioner of the following:

(a) That the practitioner 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 practitioner in any subsequent action based on the investigation; and

(d) That any response may be used against the practitioner in a subsequent action.

3314.6 If a board receives a written response from a practitioner requested pursuant to § 3313.5, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the board.

3314.7 After considering the facts of a particular case, the complaint, if any, and any response thereof, a board shall take one of the following actions:

(a) Refer the complaint to the Director for investigation;

(b) Issue a notice of intended action in accordance with § 3315;

(c) Request that the practitioner attend a settlement conference in accordance with § 3322; or

(d) Dismiss the complaint.

3314.8 If a board dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

SOURCE: Final Rulemaking published at 35 DCR 3488, 3497 (May 13, 1988),