Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 5 - RULES AND REGULATIONS FRO CERTIFICATION OF REHABILITATION COUNSELORS › Section 260-RICR-50-05-5.10 - Process for Revocation of Certification

Current through June 14, 2024
A. If the
				 Director receives a complaint from any interested person alleging one of the
				 conditions calling for Review or Revocation of Certification, as previously
				 defined in these regulations:
1. The
				 Director, in his/her discretion, may conduct a preliminary investigation and
				 refer the matter to the Director's designee for preliminary
				 determination.
2. The Director will
				 advise the QRC/QRCI (in writing) of the nature and allegations contained in the
				 complaint and request a written response from the QRC/QRCI within 15
				 days.
3. The Director's designee
				 will review the complaint, the results of any preliminary investigation and the
				 written reply of the QRC/QRCI.
4.
				 If the Director's designee determines that no probable cause exists to believe
				 that one or more of the conditions calling for Revocation of Certification have
				 been breached, the complaint will be dismissed. Notice of dismissal will be
				 sent to the QRC/QRCI.
5. If the
				 Director's designee determines that probable cause exists to believe that one
				 or more of the conditions calling for Revocation of Certification have been
				 breached, the QRC/QRCI will be entitled to a hearing before the Rehabilitation
				 Counselor Review Panel, upon request.
6. The QRC/QRCI will be notified, in writing,
				 of any determination made regarding the existence of probable cause to believe
				 that one or more of the conditions calling for Revocation of Certification have
				 been breached.
7. If the QRC/QRCI
				 chooses not to contest the Director's designee finding of probable cause, the
				 Director will impose whatever discipline he/she feels is appropriate under the
				 circumstances.
8. If the QRC/QRCI
				 requests a hearing, one will be scheduled to be heard by the Rehabilitation
				 Counselor Review Panel within 30 days of receipt of the request.
9. The Rehabilitation Counselor Review Panel
				 will conduct a hearing. This Panel will be comprised of one Qualified
				 Rehabilitation Counselor selected by the QRC or QRCI whose conduct is in
				 question, one Qualified Rehabilitation Counselor selected by the Director and
				 one Qualified Rehabilitation Counselor selected by a consensus of the Executive
				 Board of the Association of Rehabilitation Professionals of Rhode
				 Island.
10. At the conclusion of
				 the hearing, the Panel will render an advisory opinion to the Director
				 regarding the existence of one or more of the conditions calling for revocation
				 of certification.
11. The Director
				 will review the advisory opinion of the Panel and take whatever action he or
				 she, in his or her discretion, deems appropriate.
12. If a QRC/QRCI has been suspended or
				 his/her certification revoked, his/her name shall be removed from the
				 Director's registry of Certified Rehabilitation Counselors until such time as
				 he/she has been reinstated.
13. If
				 the QRC/QRCI wishes to contest the decision of the Director, he/she may utilize
				 any and all remedies available pursuant to the Administrative Procedures Act,
				 R.I. Gen. Laws Chapter 42-35.