When is it appropriate to file a complaint with the Division of Professions and Occupations?
If you believe that a professional has violated the law or any Board/Program regulations, you may file a complaint against the licensee or individual with the appropriate Board or Program.
What happens when I file a complaint?
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, medical records, witness information, personal statements, billing, X Rays, second opinions, pictures, news articles, etc.
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.
How do I know if my complaint has been submitted / accepted?
- The initial intake process may take up to 10 days and you may not receive confirmation of receipt during that time. Once the complaint is posted, you will receive an acknowledgment letter with a case number for reference.
Are online complaints the only means to file a complaint?
Online complaints are the most efficient way to guarantee all necessary information is submitted. If you would still like to submit a hard copy complaint, please access our hard copy complaint forms.
What is necessary to include when I file a complaint online?
- The Boards and Programs request that any underlying documentation to support the allegations are included with the complaint. Adding information at a later date can result in delays.
- Filing a complaint for another individual should include a Power of Attorney form submission to avoid delays
When will the Board or Program review my case?
Case numbers will be displayed on the acknowledgment letter following receipt of the complaint. The case appears on a future Board/Program agenda but won’t necessarily be discussed at the next Board meeting. All meetings are noticed on Board calendars - available on the Division website on the Friday two weeks before the meeting. Board meetings may take place on a monthly, bi-monthy or quarterly basis.
What other aspects should I consider if I’m thinking about filing a complaint?
- You may attend public Board meetings once your complaint is filed; however, you are not allowed to speak regarding disciplinary matters or case details within this setting unless requested by the Board.
- Although anonymous complaints are accepted, you are encouraged to register an account or provide your contact information to help the Board/Program thoroughly address the complaint. If submitted information is insufficient, the Board or Program may have to drop the complaint since they are unable to contact you for further information.
Can I withdraw a complaint?
- A complaint once it has been filed cannot be withdrawn and your case will proceed until its conclusion.
Why would a complaint be dismissed?
- There is no jurisdiction, meaning the complaint may be outside of the powers of the Board/Program, as defined by the legislature. Non-jurisdictional complaints could include facilities not regulated by this Division, social media posts unrelated to licensed practice, many billing issues, co-worker disputes, and contractual issues for work performed.
- There is not enough information in the complaint to investigate whether a violation of a professional practice act, law, or regulation occurred.
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. Colorado law prohibits disclosure of the letter of concern to the complainant and the public.
How will I know if my complaint is dismissed?
You will receive a letter notifying you of the dismissal. Colorado law does not permit Boards/Programs to release information regarding complaints where it has been determined that no public disciplinary action is warranted.
Will I be able to receive updates on my case from the affected Board/Program?
- Additional case information is only available once the case has been closed.
- No information may be provided on where a case stands during the settlement process.
- Board staff’s role is limited to preparing information for Board review. Staff does not vote or determine disposition of cases.
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 limitations in regulatory authority exist related to complaints?
The Division’s Boards and Programs operate under administrative law and are not legally authorized to proceed with a criminal case or a private civil suit. Their mission is to take licensure related measures to protect the public with respect to licensed professionals. The Division’s Boards and Programs are legally authorized to seek remedies related to the license status of the licensee only when legal grounds exist for such action.
This means:
- The Division’s Boards and Programs are not legally authorized to impose civil remedies, such as monetary damages to compensate complainants, or to resolve fee disputes, which are civil matters.
- The Division’s Boards and Programs are not legally authorized to impose criminal penalties, such as jail sentences or criminal probation.
- The act of filing a complaint does not assure or imply that disciplinary action will be taken against the licensee.
- Filing a complaint with the Division does not preclude you from filing a separate legal action. If you believe your allegations may constitute a criminal violation, please contact your local law enforcement agency regarding the procedure to file a criminal complaint. If you wish to pursue civil remedies, please consult a private attorney for guidance.