Ala. Admin. Code r. 270-X-5-.06

Current through Register Vol. 42, No. 11, August 30, 2024

Section 270-X-5-.06 - Complaints

(1) The Board shall investigate complaints of alleged violations of the provisions of Code of Ala. 1975, § 34-9-1et seq. or of the drug or controlled substances laws by persons licensed pursuant to the provisions of Code of Ala. 1975, § 34-9-1, etseq., following the complaint protocol approved by the Board vote and kept on file at the Board offices and effective at the time the complaint is received.

(2) In carrying out its investigations, the Board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence and materials as set forth in Code of Ala. 1975, § 34-9-46.

(3) At any time during the course of an investigation, the Board may, within its discretion, issue a Letter of Concern to the licensee who is the subject of the investigation. A Letter of Concern shall consist of a private, confident, written communication from the Board to the licensee, the contents of which shall be specified by the Board. A Letter of Concern shall not be considered a disciplinary action and is not intended to communicate a finding on the part of the Board that a licensee to whom the Letter of Concern is directed will be charged with or has been found guilty of wrong doing. The purpose of the Letter of Concern is to provide notice to the licensee under investigation that the Board has concluded that the alleged actions or conduct in question may not be in accord with provisions of Code of Ala. 1975, § 34-9-1etseq. The issuance of a Letter of Concern shall not preclude the Board from taking any other action authorized by law. A Letter of Concern shall be deemed a nonpublic record under the provisions of Rule 270-X-1-.08. The Board shall notify the person or persons whose complaint led to the Board's decision to send a Letter of Concern. The Board may make public statistical reports concerning the number and type of Letters of Concern issued by the Board.

Ala. Admin. Code r. 270-X-5-.06

Filed September 28, 1982. Amended: Filed October 1, 2001; effective November 5, 2001. Amended: Filed February 22, 2012; effective March 28, 2012. Amended: Filed April 17, 2013; effective May 22, 2013.

Author: James S. Ward

Statutory Authority:Code of Ala. 1975, §§ 34-9-2, 34-9-43, 41-22-12.