Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2210 - State Board of Optometry › Chapter 2 - General Rules › Section 20 CSR 2210-2.040 - Public Complaint Handling and Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states how complaints should be
				  filed with the board and the procedure for handling the
				  complaints.
(1) The board
				shall receive and process each complaint made against any licensee or
				unlicensed individual or entity, which complaint alleges certain acts or
				practices which may constitute one (1) or more violations of the provisions of
				Chapter 336, RSMo. Any member of the public or the profession or any federal,
				state or local official may make and file a complaint with the board.
				Complaints shall be received from sources outside Missouri and processed in the
				same manner as those originating within Missouri. No member of the board shall
				file a complaint with this board while he/she holds that office, unless that
				member excuses himself/herself from further board deliberations or activity
				concerning the matters alleged within that complaint. The executive director or
				any staff member of the board may file a complaint pursuant to this rule in the
				same manner as any member of the public.
(2) Complaints should be mailed or delivered
				to the State Board of Optometry. However, actual receipt of the complaint by
				the board at its administrative offices in any manner shall be sufficient.
				Complaints may be made based upon personal knowledge, or upon information and
				belief, reciting information received from other sources.
(3) All complaints shall be made on forms
				provided by the board and shall fully identify the affiant by name and address.
				Complaint forms will be provided by the board and are available upon request.
				Oral and telephone communications will not be considered or processed as
				complaints but the person making these communications will be provided with a
				complaint form and requested to complete it and return it to the board. Any
				member of the administrative staff or the board may make and file a complaint
				based upon information and belief, in reliance upon oral, telephone or written
				communications received by the board, unless those communications are believed
				by that staff member to be false.
(4) Each complaint received under this rule
				shall be logged in a book maintained by the board for that purpose. The logbook
				shall contain a record of each complainant's name and address; the name and
				address of the subject(s) of the complaint; the date each complaint is received
				by the board; a brief statement of the acts complained of, including the name
				of any person injured or victimized by the alleged acts or practices; a
				notation whether the complaint was dismissed by the board or if informal
				charges were filed with the Administrative Hearing Commission; and the ultimate
				disposition of the complaint. This logbook shall be a closed record of the
				board.
(5) Each complaint received
				under this rule shall be acknowledged in writing. The acknowledgement shall
				state that the complaint is being referred to the board for consideration at
				its next regularly scheduled meeting. The complainant shall be informed in
				writing as to whether the complaint is being investigated and later, as to
				whether the complaint is being dismissed by the board or is being referred to
				legal counsel for filing with the Administrative Hearing Commission. The
				complainant shall be notified of the ultimate disposition of the complaint,
				excluding judicial appeals, and shall be provided with copies of the decisions
				(if any) of the Administrative Hearing Commission and the board. The provisions
				of this section shall not apply to complaints filed by staff members of the
				board based on information and belief, acting in reliance on third-party
				information received by the board.
(6) Both the complaint and any information
				obtained as a result of the investigation shall be considered closed records
				and shall not be available for inspection by the general public. However, upon
				written request, a copy of the complaint and any attachments may be provided to
				any licensee who is the subject of that complaint or to his/her legal
				counsel.
(7) This rule shall not be
				deemed to limit the board's authority to file a complaint with the
				Administrative Hearing Commission charging a licensee with any actionable
				conduct or violation, whether or not the complaint exceeds the scope of the
				acts charged in a preliminary public complaint filed with the board and whether
				or not any public complaint has been filed with the board.
(8) The board interprets this rule, which is
				required by law, to exist for the benefit of those members of the public who
				submit complaints to the board and for those persons or entities within the
				legislative and executive branches of government having supervisory or other
				responsibilities or control over the professional licensing boards. This rule
				is not deemed to protect, or inure to the benefit of, those licensees or other
				persons against whom the board has instituted or may institute administrative
				or judicial proceedings concerning possible violations of the provisions of
				Chapter 336, RSMo.
*Original authority: 336.160.1, RSMo 1939, amended 1947,
					 1963, 1981, 2007 and 610.010, RSMo 1973, amended 1977, 1978, 1982, 1987, 1993,
					 1998, 2004.