Idaho Admin. Code r. 16.04.17.406

Current through September 2, 2024

Section 16.04.17.406 - COMPLAINTS AND INVESTIGATIONS

01.Filing a Complaint. Any person who believes that the agency has failed to meet any provision of the rules or statute may file a complaint with the Division of Licensing and Certification. All complaints must have a basis in rule or statutory requirements. In the event that it does not, the complainant will be referred to the appropriate entity or agency.

02.Investigation Survey. The Division of Licensing and Certification will investigate, or cause to be investigated the following:

a. Any complaint alleging a violation of the rules or statute; and

b. Any reportable incident which indicates there was a violation of the rules or statute.

03.Disclosure of Complaint Information. The Division of Licensing and Certification will not disclose the name or identifying characteristics of a complainant unless:

a. The complainant consents in writing to the disclosure;

b. The investigation results in a judicial proceeding and disclosure is ordered by the court; or

c. The disclosure is essential to prosecution of a violation. The complainant is given the opportunity to withdraw the complaint before disclosure.

04.Method of Investigation. The nature of the complaint will determine the method used to investigate the complaint.

05.Statement of Deficiencies. If violations of these rules are identified, depending on the severity, the Department may send the agency a statement of deficiencies.

06.Public Disclosure. Information received by the Division of Licensing and Certification through filed reports, inspection, or as otherwise authorized under the law, must not be disclosed publicly in such a manner as to identify individual residents except in a proceeding involving a question of certification.

07.List of Deficiencies. A current list of deficiencies including plans of correction will be available to the public upon request in accordance with IDAPA 16.05.01, "Use and Disclosure of Department Records."

08.Notification to Complainant. The Division of Licensing and Certification will inform the complainant of the results of the investigation survey when the complainant has provided a name and address.

Idaho Admin. Code r. 16.04.17.406

Effective March 17, 2022