Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
041 - OFFICE OF PROFESSIONAL AND OCCUPATIONAL REGULATION (OPOR)
Chapter 400 - COMPLAINTS AND INVESTIGATIONS
Section 041-400-1 - Disciplinary Procedures
Current through 2024-38, September 18, 2024
The procedures for initiating and processing complaints shall be those set forth in the Standard Complaint Procedure of the Office of Licensing and Registration, Department of Professional and Financial Regulation.
A. Written complaints. All complaints must be in writing and submitted to the Office of Licensing and Registration.
B. Other investigations. An investigation may be conducted based upon information other than a written complaint, if such information supports a reasonable suspicion of a violation of 32 M.R.S.A. Chapter 125 or if the information raises a substantial question regarding the qualifications of any applicant or licensee.
C. Staff Request for Investigation. A staff member of the Office of Licensing and Registration may file a complaint or request an investigation, but such complaint or request shall serve to disqualify the member from participating in the disposition of the matter. That member shall be prohibited from discussing the issue with others, except as a witness, until after final agency action and the time for appeal has lapsed or appeal rights have been exhausted.
D. Prohibited Communications. The staff member shall not discuss, except with adequate notice and opportunity for all parties to participate, any specific case under investigation, or any case which may reasonably be expected to be the subject of investigation, until after final agency action and the time for filing an appeal has lapsed or appeal remedies have been exhausted, except in accordance with the complaint procedures set forth by the Department of Professional and Financial Regulation's Office of Licensing and Registration.
This rule shall not be construed to limit the member from discussion with the Director or the attorney assigned to the department to handle complaint cases. These rules shall not be construed to limit communications regarding closed matters, investigations in general, inquiries regarding the status of a specific case, or other matters not relating to issues of fact of law concerning a specific case.
