32-1691.01
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32-1691.01. Investigation and adjudication of complaints A. The board on its motion may investigate any evidence that appears to show the existence of any of the grounds for disciplinary action pursuant to section 32-1696. B. The board shall investigate the complaint of any person that appears to show the existence of any of the grounds for disciplinary action pursuant to section 32-1696. The board shall not disclose the name of the person who submitted the verified complaint unless that person's testimony is essential to the disciplinary proceedings conducted pursuant to this section. C. After a motion approved by the board or on receipt of a verified complaint, as provided in subsections A and B of this section, the chairman of the board or the chairman's designee shall either initiate an investigation or refer the complaint or motion to investigate to an investigative committee appointed by the board. The committee shall consist of both licensed dispensing opticians and lay persons who need not be members of the board. D. If an investigation is initiated the chairman or the chairman's designee shall appoint a member of the board to act as the investigative officer. Within ninety days after appointment, the officer shall conclude the investigation and make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action the board should take. E. If the matter is referred to an investigative committee, the committee shall investigate the charges and within ninety days after referral shall make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action it should take. F. The board shall make copies of the investigative officer's or investigative committee's report available to the complainant and to the licensed party. G. Within sixty days after receipt of the written report of the investigative officer or the investigative committee, the board shall issue preliminary findings based on the written report. If the board finds that the evidence would, if proved true, warrant suspension or revocation of a license issued under this chapter, formal proceedings for the revocation or suspension of the license shall be immediately initiated as provided in title 41, chapter 6, article 10. If the board finds that the evidence does not warrant suspension or revocation of a license, the board shall either dismiss the complaint or impose other lesser disciplinary action pursuant to section 32-1693. H. The board shall provide a copy of the preliminary order to the complainant and to the licensed party. Within fifteen days after receiving the copy either party may file a motion for a rehearing or review pursuant to title 41, chapter 6, article 10. I. Any person who in good faith makes a report as provided in this section to the board or to any person or committee acting on behalf of the board is not subject to liability for civil damages as a result of the report. J. The board may proceed against all licenses held by a person or optical establishment in common, even if held for different physical locations, if in the opinion of the board the seriousness of the complaint or other evidence received by the board so warrants. |