Or. Admin. R. 334-040-0001 - Complaints
(1) Every licensee
having information regarding a possible violation of the rules or statutes
governing massage must cooperate with the Board in furnishing such information
and must assist the Board, in order that appropriate investigative, corrective
or disciplinary action may be taken.
(2) Anyone may submit a complaint against a
licensed or unlicensed person. A complaint may be submitted anonymously.
Complainants are kept confidential.
(3) A preliminary review of the complaint
must be made by the Board or its representative, to assure there is sufficient
evidence to justify proceeding to investigate and to determine if the
allegations against the Respondent are such that, if proven, could result in
disciplinary action being imposed by the Board.
(4) If the complaint is considered to be
valid, the Board must then proceed as follows:
(a) The Board or its representative may
notify the Respondent of the allegations by mail and request written response.
Written responses must be received by the Board within two weeks after the
notification was first mailed, unless an extension is authorized by the Board.
In the event no written response is received the Board may evaluate the
complaint using available evidence; or
(b) The Board or its representative may refer
the complaint to the Board's designated authority for additional
investigation.
(5) The
Board must evaluate all evidence obtained; including any documents or comments
received from the Respondent and the Board must proceed as follows:
(a) If the evidence is insufficient to
justify further proceedings, the Complainant and Respondent must be so notified
in writing.
(b) If the evidence is
sufficient to justify further proceedings, the Board must consider and take
appropriate action at a regular or special meeting.
Notes
Stat. Auth.: ORS 687.081 & 687.121
Stats. Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
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