Current through Register Vol. XLI, No. 37, September 13, 2024
Section 6-4-2 - Complaint Procedures2.1. Any individual may make a complaint to the board concerning a licensee or registrant.2.2. The board may accept an anonymous complaint if the information provided is adequate to begin an investigation.2.3. The board shall accept a complaint in writing, by phone or in person. The board may provide a form for the purpose of submitting a written complaint, but shall accept a complaint if the information includes: 2.3.1. the alleged violation which prompted the complaint;2.3.2. the name and address of the individual against whom the complaint is lodged;2.3.3. the date or dates the incident or incidents occurred; and2.3.4. the name or names of witnesses to the incident or incidents.2.4. All complaints shall be referred to the Executive Director, Investigator, or counsel for the Board, who shall act as a representative for the board. A complaint committee shall be established to review such matters. This committee shall consist of two (2) board members, with each member serving on the committee for two (2) years.2.5. The board shall maintain a complaint log which records the receipt of each complaint, and the nature and the disposition of the complaint. The board shall also maintain a separate file on each complaint received, and each file shall have a number assigned it.2.6. Upon receipt of complaint or on its own initiative, the representative for the board shall, within five (5) business days, issue an acknowledgment of the complaint to the complainant and shall initiate an investigation into the conduct which is occurring or has occurred which violates W. Va. Code '30-6-1 et seq. or rules governing funeral service practitioners. The complaint committee may employ the services of consultants or other employees necessary to assist the representative for the board in an investigation. 2.6.1. The representative for the board shall issue subpoenas to gather necessary facts and evidence to determine validity of the allegations contained in the complaint. The representative shall have the authority to institute proceedings in the courts of this state to enforce its subpoenas for the production of documents and witnesses and its orders and to restrain and enjoin violations of W. Va. Code '30-6-1 et seq., or rules governing funeral service practitioners.2.6.2. The board shall provide copies of complaint forms and other available evidence to the licensee or registrant against whom a complaint is filed within ten (10) days of receipt of complaint. The licensee shall respond within fourteen (14) days of such notification, to the allegations contained in the complaint, by making an appointment with the representative for the board to meet in person or by preparing a written statement and returning it to the board.a. Exception. The board may use its discretion regarding the notification of complaint to the licensee or registrant if such notification would result in possible tampering of evidence. However, once such evidence is collected by the representative for the board, the licensee or registrant must be notified, pursuant to 6CSR4-2.6.2..2.6.3. The representative for the board may depose witnesses, take sworn statements, and collect other evidence.2.6.4 The representative for the board may require a criminal history records check. The licensee or registrant under investigation shall furnish to the board a full set of fingerprints for purposes of conducting a criminal history check. Records will be checked through the criminal identification bureau of the West Virginia State Police, a similar agency within the licensee=s or registrant=s state of residence, and the United States Federal Bureau of Investigation.2.6.5. The representative for the board shall evaluate the complaint, licensee response and other investigative information to determine if a violation of law has occurred and to determine the need for additional investigation. The representative shall have the authority to enter any funeral establishment to review documents related to the complaint and to interview any individual during the course of an investigation. Subpoenas duces tecum to compel the production of documents may be issued by the representative for the board. The subpoenas shall be issued pursuant to W. Va. Code '29A-5-1(b).2.7. Upon completion of investigation, the representative for the board shall present investigative information in a report to the complaint committee. The report shall contain a statement of allegations, a statement of facts, and an analysis of the complaint. The analysis shall consist of a description of the conduct of the licensee or registrant, the records reviewed, and a statement of findings and recommendations. If probable cause for further action is not identified, the representative may make a recommendation that a complaint be dismissed. All investigative information shall be provided to the committee for review for any case recommended for dismissal due to lack of probable cause. The committee may approve dismissal of the case or direct the representative for the board to proceed with further investigation if the committee believes further investigation is necessary.2.8. Upon completion of investigation and investigative information has been reviewed by the complaint committee and probable cause is established, the committee may negotiate terms of a consent agreement with a licensee or recommend to the board that the case be set for hearing.2.9. The complaint committee shall review the terms of a consent agreement and all investigative information. The committee may then approve the consent agreement, request revisions to the consent agreement or reject the consent agreement. 2.10. If the licensee or registrant contests the allegations and refuses to enter into a consent agreement, the committee may recommend to the board that the case be set for hearing. All hearings shall be in accordance with W. Va. Code '29A-1-1 et seq.2.11. Members of the complaint committee shall be disqualified from the formal hearing process if the case has been presented to the committee prior to the formal hearing.2.12. All powers of the board, the complaint committee, and its representatives may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings.