Or. Admin. R. 858-020-0045 - Notice and Investigation Process
(1) Notice to
Respondent. The Board's Executive Director or designee shall notify the
respondent by letter when a complaint is filed, or an investigation has been
initiated, into respondent's conduct or practice. The notice letter shall
provide respondent with a citation to the laws and regulations that apply to
the investigation. The notice letter shall also set out the general allegations
to be investigated. The investigator may modify the scope of the investigation
as needed.
(2) Notice to
Supervisors. When a complaint is filed against an individual acting under the
supervision of a licensed psychologist, the supervising psychologist(s) shall
be notified that any investigation into the conduct of the supervisee may
affect the licensure of the supervisor(s). The Board may open a companion
investigation naming the supervisor(s).
(3) Purpose of Investigation. The purpose of
the investigation shall be to determine whether sufficient credible evidence
exists of violation of rules or laws administered by the Board to justify
issuance of a Notice of Intent to Impose sanctions against a respondent or such
other action as the circumstances may warrant.
(4) Scope of Investigation. The investigator
shall seek guidance as appropriate and necessary from individual Board members,
the full Board, agency legal counsel, and the Board's Executive Director. If
the Board decides to operate with a Consumer Protection Committee structure,
that committee shall serve as the primary source of guidance for the
investigator.
(5) Cooperation.
Failure by respondent to cooperate with a board investigation constitutes
unprofessional conduct per ORS
675.070(2), and
is grounds for disciplinary action.
(a)
Cooperation by respondent includes:
(A)
Submitting client records to the Board's investigator, with or without a signed
release by the client, for a full investigation of the allegations presented in
the notice letter;
(B) Sending a
complete case file to the Board's investigator;
(C) Being available for a personal interview
with the Board's investigator; and
(D) Responding truthfully and accurately to
all questions presented by the Board's investigator.
(b) To cooperate with an investigation,
respondents may not:
(A) Use threats or
harassment to delay or obstruct any person in providing evidence in any
investigation, contested case, or other legal action instituted by the
Board;
(B) Use threats or
harassment to obstruct or delay the Board in carrying out its regulatory
functions;
(C) Deceive or attempt
to deceive the Board with respect to any matter under investigation including
altering or destroying any records;
(D) Attempt to influence the testimony or
participation in an investigation of any person believed to be a complainant or
witness in a Board investigation, or to permit or encourage another person to
do so; or
(E) Engage in retaliation
against another person for their participation in a Board investigation or
provision of information to the Board.
(6) Duty of the Investigator. The
investigator shall collect evidence, interview witnesses and make a written
report to the Board.
(7) The Board
may delay approving a licensure application, renewing a license, or issuing an
initial license, limited permit, or temporary practice authorization if the
person has a complaint under investigation until the complaint has been
resolved.
(8) Licensees,
applicants, and persons granted a limited permit or temporary practice
authorization must comply with the terms of all Board orders and agreements.
(a) Failure to comply with one or more terms
of a Board order or agreement constitutes a violation of ORS
675.070(2)(h)
and is grounds for disciplinary action.
(b) The Board will not approve any license
renewal or request to reactivate a license from inactive status to active or
semi-active status if the licensee is not in compliance with one or more terms
of any Board order or agreement.
Notes
Statutory/Other Authority: ORS 675.020, ORS 675.110 & ORS 675.070
Statutes/Other Implemented: ORS 675.110
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