The Board will follow the procedure for initiating and
processing complaints set forth in the Standard Complaint Procedure of the
Office of Licensing & Registration, Department of Professional &
Financial Regulation.
A. Written
Complaints. Any complaint shall be in writing, shall be sworn to by the person
making it and shall be filed with the Office of Licensing &
Registration.
B. Other
Investigations. An investigation may be conducted based upon information other
than a written complaint if such information provides prima facie evidence of a
violation of
32 MRSA
section12501, et seq or if the information
raises a substantial question regarding the qualifications of any applicant or
licensee.
C. Member Request for
Investigation. A member of the board may file a complaint or request an
investigation, but such complaint or request shall serve to disqualify the
member from participating in the disposition of the matter. That member shall
be prohibited from discussing the issue with other members, except as a witness
or party, until final agency action and the time for appeal has lapsed or
appeal rights have been exhausted.
D. Prohibited Communications. The members
shall not discuss, except with adequate notice and opportunity for all parties
to participate, any specific case under investigation, or any case which may
reasonable be expected to be the subject of investigation, until after final
agency action and the time for filing an appeal has lapsed or appeal remedies
have been exhausted, except in accordance with the complaint procedures set
forth by the Department of Professional & Financial Regulation's Office of
Licensing and Registration.
This rule shall not be construed to limit the members at
board meetings from discussion among themselves or with the attorney assigned
to the board. These rules shall be construed not to limit communications
regarding closed matters, investigations in general, inquires regarding the
status of specific case, or other matters not relating to issues of fact of law
concerning a specific case.
