Section 4.5-02.1-05-03 - Complaint procedure1. Upon filing of a written and signed complaint alleging a licensee engaged in conduct identified as grounds for disciplinary action under North Dakota Century Code section 43-45-07.1, the board shall notify the licensee of the complaint and require a written response from the licensee.2. The board may direct the ethics subcommittee or a board member to investigate the complaint. After completing the investigation, the ethics subcommittee or board member will recommend whether the board should take disciplinary action against the licensee.3. The board shall determine if there is a reasonable basis to believe the licensee engaged in conduct identified as grounds for disciplinary action under North Dakota Century Code section 43-45-07.1. If the board determines there is not a reasonable basis to believe, the board will notify the complainant and the licensee. If the board determines there is a reasonable basis to believe, the board will proceed with a disciplinary action in accordance with North Dakota Century Code chapter 28-32.4. The board, at any time, may offer or accept a proposal for informal resolution of the complaint or disciplinary action.5. The board may impose a fee on the licensee for all or part of the costs of an action resulting in discipline, including administrative costs, investigation costs, attorney's fees, witness fees, the cost of the office of administrative hearings services, costs related to any requirements of public notice of the discipline, and court costs.N.D. Admin Code 4.5-02.1-05-03
Effective January 1, 2002.Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .Amended by Administrative Rules Supplement 369, July 2018, effective 7/1/2018.General Authority: NDCC 43-45-04
Law Implemented: NDCC 43-45-04, 43-45-07.3