All complaints against licensees must be made to the board in writing.
When a complaint is received, the executive officer shall forward it to the board president and they shall review it. After this review, they may either:
Recommend dismissal of the complaint because either the board does not have jurisdiction or they determine the alleged practice or behavior does not violate the law and regulations that govern the board; or
Determine the complaint has merit and forward it to the licensee for his or her response.
If the executive officer and the board president recommend dismissal, this decision shall be sent to the board for its consideration. The board may either concur with the recommendation or
determine the complaint has merit and be sent to the licensee for response.
The licensee shall respond to the complaint within 30 days from receiving the complaint. This response and the complaint shall be sent to the board for its review. The board shall review the
complaint and the response and either:
Recommend dismissal of the complaint; or
Forward the complaint and response to a boarddesignated investigator for further review and investigation.
The investigator shall issue an investigation report to the board which shall, after consideration of the report, either:
Recommend dismissal of the complaint; or
Recommend a proposed settlement agreement between the board and the licensee and request the board’s counsel negotiate the agreement, with the understanding that if a settlement agreement can’t be reached,
then the board will seek an administrative hearing against the licensee on the basis of the complaint.
If a settlement cannot be agreed upon or other informal resolution reached, then the board shall initiate an administrative law hearing under N.D.C.C. Chapter section 28-32.
The board shall consider the administrative law judge’s findings and conclusions and shall issue its final order which shall be served upon the complainant and the licensee in accordance with N.D.C.C. section 28-32-39.
