Section 435-RICR-00-00-1.10 - Complaints, Investigations and ProceedingsA. General. Any person or Entity may file a complaint against any applicant, registrant, or person or firm subject to the Board's jurisdiction. In addition, the Board may, on its own motion, investigate the conduct of an applicant, registrant or person or firm subject to the Board's jurisdiction, and may in appropriate cases file a complaint with the Secretary.B. Complaint Procedure. The procedure of filing complaints with the Board shall be as follows: 1. Any person or Entity may file a letter form or other form of complaint.2. The complaint shall include at a minimum the identity of the complainant, the alleged violator, the specific nature of the alleged violation, supporting documents when appropriate, and a statement identifying against whom the complaint is being made, a statement of fact sufficient to establish that the Board has jurisdiction over the conduct alleged and a statement setting forth the facts which support the allegation(s) that the individual or firm has violated the laws, code of ethics and/or rules and regulations governing the Practice of Land Surveying in this State.3. Seven (7) copies of all supporting documents shall be submitted with the complaint.C. Jurisdiction and Investigation. At any time after the complaint is received, the Board may vote upon its own motion that the complaint is not subject to the Board's jurisdiction. If the Board votes that the complaint is not subject to its jurisdiction, the appropriate parties shall be so notified. If jurisdiction exists, the Board shall conduct whatever investigation it deems appropriate, including forwarding a copy of the complaint to the applicant, registrant, person or firm that is the subject of the complaint with instruction to respond within such time as the Board determines.D. Recommendations. Upon completion of its investigation, the Board may recommend that the Department Director pursue suspension, revocation or other permitted action with respect to the complaint as the Board determines appropriate in accordance with applicable law, or the Board may determine to take no further action on the complaint and to notify the appropriate parties.E. Proceedings. All adjudicatory proceedings shall be conducted pursuant to the Department's Rules of Procedure for Administrative Hearings, 230-RICR- 10-00-2, and in accordance with the Administrative Procedures Act ("APA"), R.I. Gen. Laws § 42-35-1, et seq..F. Declaratory Judgment. All requests for declaratory rulings on the Practice of Land Surveying shall be made to the Department and conducted pursuant to the Department's regulation for Declaratory Rulings and Petitions, 230-RICR- 10-00-3, and in accordance with the APA, R.I. Gen. Laws § 42-35-1, et seq.G. Further Notification. The Department may cause an actual copy of any notice of revocation, suspension, denial or renewal to be sent to the City or Town Clerk of each municipality local in the State of Rhode Island, to the Rhode Island Department of Transportation, to the Rhode Island Department of Environmental Management (OWTS Section and Wetlands Section), Coastal Resource Management Council, the State Building Official, the Massachusetts Board for Professional Engineers and Professional Land Surveyors, the Connecticut Board for Professional Engineers and Land Surveyors and to N.C.E.E.S. In the case of voluntary non-renewal, once sixty (60) days has passed since the lapsing of the registration or COA, the Secretary may send notice of the non-renewal to the City or Town Clerk of each municipality local in the State of Rhode Island, to the Rhode Island Department of Transportation, to the Rhode Island Department of Environmental Management (OWTS Section and Wetlands Section), Coastal Resource Management Council, the State Building Official, the Massachusetts Board for Professional Engineers and Professional Land Surveyors, the Connecticut Board for Professional Engineers and Land Surveyors and to N.C.E.E.S. In regard to N.C.E.E.S., the Board shall also complete a copy of the Disciplinary Action form prescribed by Publication of Disciplinary Action February 17, 1993, Page 2, N.C.E.E.S. and transmit it immediately to that Agency.H. Eligibility to Reapply. In the event that any individual shall have his registration revoked or not renewed for cause, that person shall not be permitted to reapply for registration for a period of not less than five (5) years. Upon re-application, it shall be the burden of the applicant to demonstrate by clear and convincing evidence that sufficient grounds exist to support the applicant's request for registration. The Board may modify this rule on a case by case basis when the registration was not renewed due to a registration suspension of less than five (5) years in duration.I. Public Records. Public records may be made by written request to the Board pursuant to the Access to Public Records Act, R.I. Gen. Laws § 38-2-1, et seq. and the Department's regulation for Access to Public Records, 230-RICR- 10-00-1.435 R.I. Code R. 435-RICR-00-00-1.10