Section 5-4 - Investigation (a) The Board shall consider the complaint to determine if further investigation of the matter is warranted. Because of the small size of the Board, the rule of necessity dictates that the following pre-screening procedure be adopted: - (i) If the complaint does not show a violation on its face, it will be summarily dismissed.
- (ii) If the complaint shows a possible violation on its face, the agency will be requested to respond in writing to the Board.
- (iii) If upon review of the response the Board determines that the issue has been resolved, the complaint will be dismissed.
- (iv) If upon review of the response the Board determines that the issue has not been resolved, the complaint will be assigned to an independent investigator who shall be assisted by a representative of the Attorney Generals Office for further investigation.
- (v) The independent investigator shall report his or her results and conclusions directly to his or her representative of the Attorney Generals Office and not to the Board.
(b) Upon completion of the investigation, the representative of the Attorney Generals Office may: - (i) Prepare and file a formal complaint and notice of hearing with the Board, setting the matter for a contested case hearing;
- (ii) Recommend to the Board that a reprimand be given to the licensee;
- (iii) Recommend to the Board to accept a voluntary surrender of a license;
- (iv) Recommend to the Board to accept conditional terms for settlement;
- (v) Recommend to the Board to dispense with the complaint in an informal manner; or
- (vi) Recommend to the Board that the complaint be dismissed.
(c) The Board may resolve a complaint at any time by: - (i) Sending a written letter of reprimand/warning to the licensee;
- (ii) Accepting a voluntary surrender of a license;
- (iii) Accepting conditional terms for settlement;
- (iv) Dispensing with it in an informal manner; or