What happens when I file a complaint with the Division of Professions and Occupations?
- The complaint will be reviewed to determine whether a violation of a law or regulation may have occurred.
- If the complaint indicates a probable violation, the complaint will be processed.
- The complaint may be resolved by the board or program or investigated further, which may include a referral to the
Office of Investigations. - The individual you filed the complaint against will typically be provided with a copy of the complaint and all other documentation you submitted.
- Examples of documentation include a police report, witness information, personal statements, billing, X Rays, second opinions, pictures, news articles, etc.
Why would a complaint be dismissed?
- There is no jurisdiction. This means the complaint may be outside of the powers of the board/program, as defined by the legislature.
- There is not enough evidence to support a violation of the professional practice act, law, or regulation.
Some boards or programs may also dismiss a case with a Confidential Letter of Concern. This means the board or program does not think that a violation occurred, but is still concerned about the practice of the licensee and may direct the licensee to address specific issues.
If the Board or Program finds a violation has occurred, what happens next?
The board or program may:
- Issue a Letter of Admonition (a public reprimand in the form of a written letter),
- Refer it to the Office of Expedited Settlement
- Put the individual on probation,
- Require the individual to participate in continuing education,
- Issue a fine,
- Suspend a license,
- Revoke a license,
- Hold it while more information is gathered by staff for later presentation or to wait the outcome of criminal or civil litigation,
- Refer it directly to the Attorney General, who acts as the board/program lawyer, so legal action can be taken, or
- Enforce other disciplinary actions.
What does complainant/respondent mean?
- The complainant is the person who submits a complaint either on your own behalf or for another person. If you submit a complaint in our system, you are the complainant.
- The respondent is the person or business the complaint is against. This would either be the licensee or the unlicensed person or business.