Okla. Admin. Code § 38:1-1-5

Current through Vol. 42, No. 3, October 15, 2024

Section 38:1-1-5 - Complaints

(a) Any person may file a complaint against an LADC or CADC or a person practicing alcohol and drug counseling. A person wishing to register a complaint or alleged violation against LADC or CADC or person practicing alcohol and drug counseling may notify the Board in writing, by telephone, or by a personal visit. The Board will determine whether the complaint alleges a possible violation of the Act or this chapter.

(b) The complaint and the identity of the complainant shall be confidential and shall not be available for public inspection. Upon receipt of the complaint, the Board staff shall:

(1) stamp all pages with a Board stamp which indicates the date of receipt;

(2) review the complaint to determine if the person against whom the complaint is registered is a current licensee or certified person;

(3) log the complaint, assigning a number consisting of the year and sequence number in which it was received; further, recording the date received, name of complainant, if provided, and the name and license or certification number or the licensee or certified person;

(4) generate a letter to the complainant indicating receipt and review of the complaint, if applicable;

(5) notify the Board chair and Complaint Review Committee.

(c) The Complaint Review Committee is comprised of one member of the Board, the Board Executive Director, the Board's legal counsel and up to four additional persons as the Board Chair may appoint. The Board member who serves on the committee shall be recused from participating in an individual proceeding or the Board's consideration of any other manner of disposition of the complaint.

(d) The Complaint Review Committee may cause the complaint to be investigated to gather sufficient information to determine whether probable cause exists that a violation of the Licensed Alcohol and Drug Counselors Act or rules has occurred. The Complaint Review Committee will make a recommendation to the Board to resolve the complaint through an informal process, file a petition and notice, or dismiss the complaint.

(e) The Complaint Review Committee may conduct the investigation or refer the matter to an individual investigator.

(f) The Complaint Review Committee may recommend that the matter be resolved without filing a formal petition and notice by issuing a Letter of Concern, conducting an informal conference with the Respondent, or negotiating an informal disposition agreement.

(g) An individual proceeding may be initiated by filing a petition and notice with the hearing clerk for the Board, who shall be designated by the Board chair, and by serving the petition on all respondents. The petition and notice shall include a statement of the legal authority and jurisdiction under which the action is taken, reference to the statutes and rules involved, a short and plain statement of the matters asserted and the relief requested. The petition may allege facts by attaching and incorporating a document by reference.

Okla. Admin. Code § 38:1-1-5

Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/21/2014