Each year, at its annual meeting, the board shall designate a complaint committee consisting of its executive officer, its counsel and one or two board members named by the board president. If at any time during the complaint process a committee member believes there is a conflict of interest in considering a complaint, that committee member shall withdraw from considering the complaint and shall be replaced by another board member named by the board president.
All complaints against licensees must be made to the board in writing.
When a complaint is received by the board, the executive officer shall immediately forward it to the complaint committee for review. The complaint committee may, after reviewing the complaint, either:
Recommend dismissal of the complaint; or
Forward the complaint to the licensee for a response.
The licensee shall respond to the complaint within 30 days from receiving the complaint.
If the complaint is forwarded to the licensee for a response, the complaint committee shall review the complaint and the response and either:
Recommend dismissal of the complaint; or
Forward the complaint and response to a board-designated investigator for further review and investigation.
After making further review and investigation, the investigator shall issue an investigation report to the complaint committee.
The complaint committee shall consider the investigation report and either:
Recommend dismissal of the complaint;
Recommend an adjudicative proceeding under N.D.C.C. section 28-32-21 against the licensee on the basis of the complaint.
If at any time during the complaint process when a recommendation for a dismissal is made, before the board decides to proceed in an adjudicative proceeding under N.D.C.C. section 28-32-21, the board shall decide whether to dismiss the complaint. If he board decides to dismiss the complaint, the board shall immediately issue an order of dismissal to the complainant and the licensee.
If the Board decides to proceed against the licensee under N.D.C.C. section 28-32-21 on the basis of the complaint, the board's counsel shall first seek an informal resolution through an agreed upon settlement or other informal resolution that must be approved by the board. If a settlement or other informal resolution is approved by the board, the board shall immediately issue a notice of settlement and settlement order or notice of informal resolution and informal resolution order to the complainant and the licensee.
If a settlement cannot be agreed upon or other informal resolution reached, then the board shall initiate the adjudicative proceeding under N.D.C.C. section 28-32-21, requiring the complainant to file a complaint and the licensee to file an answer in accordance with N.D.C.C. section 28-32-21.
Upon the filing the complaint and answer, the board shall request the designation of an administrative law judge to preside in the adjudicative proceeding either in accordance with N.D.C.C. section 28-32-31(4) or N.D.C.C. section 28-32-31(6).
If the administrative law judge is issuing recommended findings of fact and conclusions of law and a recommended order under N.D.C.C. section 28-32-31(4), the board shall consider the administrative law judge's findings, conclusions and order and issue a final order which shall be served upon the complainant and the licensee in accordance with N.D.C.C. section 28-32-39.
If the administrative law judge is issuing findings of fact and conclusions of law and a final order under N.D.C.C. section 28-32-31(6), the board shall serve the administrative law judge's findings, conclusions and order upon the complainant and licensee in accordance with N.D.C.C. section 28-32-39.
