Geologists, Board of Professional

Geologists, Board of Professional

Chapter 5: Petitions, Appeals, and Complaint Proc.

Effective Date: 07/15/1997 to 08/24/1998

Rule Type: Superceded Rules & Regulations

Reference Number: 084.0001.5.07151997

CHAPTER V

PETITIONS, APPEALS, AND COMPLAINT PROCEDURES

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 or Trainee.

All complaints against licensees or trainees shall be filed with the Board in writing and should contain:

(a) Name and address of the licensee or trainee;

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

(c) Nature of the alleged violations;

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

(e) Signature of the 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.

(v) Recommend to the Board other appropriate actions.

(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 or certification;

(iii) Accepting conditional terms for settlement; (iv) Dispensing with it in an informal manner; or (v) Dismissal. (vi) Pursuing other appropriate actions.