Geologists, Board of Professional

Geologists, Board of Professional

Chapter 5: Complaint Procedure

Effective Date: 08/22/1995 to 07/15/1997

Rule Type: Superceded Rules & Regulations

Reference Number: 084.0001.5.08221995

CHAPTER V

COMPLAINT PROCEDURE

Section 1. Petitions to Appeal an Initial Action of the Board.

(a) A person may appeal an initial action of the Board. Petitions shall be made in writing and received by the Board no later than sixty (60) days after the date of the action taken by the Board. Petitions shall include:

(i) The name, address, and telephone number of the person(s) petitioning the Board; and

(ii) A short and plain statement explaining the content and purpose of the petition.

(b) After a petition is properly presented, the Board shall determine the disposition of the petition, which includes, but is not limited to, setting the petition for a hearing.

Section 2. Complaints Against a Licensee.

All complaints against a licensee shall be filed with the Board in writing and should contain:

(a) Name and address of licensee;

(b) Name, address and telephone number of complainant;

(c) Nature of alleged violations;

(d) A short and concise statement of facts relating to the alleged violations; and

(e) Signature of complainant.

Section 3. Investigation.

(a) The Board shall consider the complaint to determine if further investigation of the matter is warranted. If further investigation is deemed necessary, the Board shall assign an investigator, which may be a Board member(s) or a hired independent investigator, to assist a representative of the Attorney General's Office as the investigative committee.

(b) Upon completion of the investigation, the committee may:

(i) Prepare and file a formal complaint and notice of hearing with the Board, setting the matter for a contested case hearing;

(ii) Recommend to the Board that a reprimand be given;

(iii) Recommend to the Board the complaint be dismissed;

(iv) Recommend to the Board a settlement of the matter.

(c) The Board may resolve a complaint at any time by:

(i) Sending a written letter of warning;

(ii) Accepting a voluntary surrender of a license;

(iii) Accepting conditional terms for settlement;

(iv) Dispensing with it in an informal manner; or

(v) Dismissal.