Ala. Admin. Code r. 485-X-7-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 485-X-7-.03 - Procedures For Complaints Against Registrants

(1) The board shall supply a complaint report form to aid in handling complaints against registrants. Any person may file complaints to the board, including board members. All complaints shall be made in writing to the board and, when available and applicable, include documentation of the alleged violation. To preserve a respondent's right to face their accuser, the board should not accept anonymous complaints except in extraordinary circumstances. A copy of the complaint form shall be given to any registered interior designer who is asked to respond to an allegation.

(2) A confidential file shall be kept in the name of the accused registrant as a record of the violation, along with all documentation and the written responses. The file shall be assigned a case number and turned over to the investigator(s) as soon as possible.

(3) Investigators may be a board member, or members, along with legal counsel. The board may also use or hire outside investigators who are knowledgeable and skilled at gathering, analyzing, and presenting evidence and knowledgeable of the interior design profession and the requirements for registration.

(4) Any board member who assists in the investigation process must recuse themselves from the administrative hearing process, other than acting as a witness, and from voting on any disciplinary measures.

(5) The investigator(s) must first determine if the individual named in the complaint is a registrant. If so, the investigator(s) shall determine if there is sufficient evidence of a violation of this chapter to make a probable cause determination. If a probable cause determination is made, notice of charges may be initiated on the registrant. If the investigator(s) determines there is no probable cause for a disciplinary hearing, then the case shall be considered closed and the file marked as "no probable cause found".

(6) The board shall notify, in writing, the individual who filed the complaint that the board is in receipt of the complaint; if a hearing date has been set; and of any resolution of the alleged violation.

Ala. Admin. Code r. 485-X-7-.03

New Rule: Filed September 24, 2010; effective October 29, 2010.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 1/4/2019.

Previous Rule 485-X-7-.04 was renumbered to 485-X-7-.03 as per certification filed November 20, 2018; effective January 4, 2019.

Author: Alabama Board for Registered Interior Designers

Statutory Authority:Code of Ala. 1975, § 34-15C-12.