Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2165 - Board of Examiners for Hearing Instrument Specialists › Chapter 2 - Licensure Requirements › Section 20 CSR 2165-2.070 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the complaint
				  procedure.
PURPOSE: This rule establishes a procedure for the
				  receipt, handling, and disposition of public complaints by the
				  board.
(1) The office will
				receive and process each complaint made against any licensee or hearing
				instrument specialist in training when a complaint alleges certain acts or
				practices which may constitute one (1) or more violations of the provisions of
				Chapter 346, RSMo. Any member of the public or the profession, or any federal,
				state, or local official may make and file a complaint with the department.
				Complaints from sources outside Missouri will be received and processed in the
				same manner as those originating within Missouri. No member of the board shall
				file a complaint with this division while they hold that office, unless the
				member excuses him/herself from further board deliberations or activity
				concerning matters alleged within that complaint. Any executive director or any
				staff member within the division may file a complaint pursuant to this rule in
				the same manner as any member of the public.
(2) Complaints should be sent to the board
				at: Board of Examiners for Hearing Instrument Specialists, PO Box 1335,
				Jefferson City, MO, 65102-1335 or behis@pr.mo.gov. 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 in writing and fully identify the complainant by
				name and address. Complaints shall be made on forms provided by the board. Oral
				or telephone communication will not be considered or processed as complaints.
				However, the person making this communication will be provided with a complaint
				form and requested to complete it in writing and return it to the
				office.
(4) Each complaint received
				under this rule shall be acknowledged in writing. The licensee or subject of
				the complaint shall be informed as to whether the complaint is being
				investigated. Both the licensee and the complainant shall be notified of the
				ultimate disposition of the complaint, excluding judicial appeals and be
				provided with copies of the ultimate disposition (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
				division.
(5) Both the complaint
				and any information obtained as a result of the investigation shall be
				considered a closed record and not be available for inspection by the general
				public. However, a copy of the complaint and any attachments shall be provided
				to any licensee who is the subject of that complaint or their legal
				counsel.
(6) This rule shall not be
				deemed to limit the board's authority to file a complaint with the
				Administrative Hearing Commission charging a licensee or hearing instrument
				specialist in training with any actionable conduct or violation, whether or not
				any public complaint has been filed with the board.
*Original authority: 346.115.1(7), RSMo 1973, amended 1981,
					 1993, 1995.