North Dakota Administrative Code
Title 4.5 - Addiction Counseling Examiners, Board of
Article 4.5-02.1 - Addiction Counseling Examiners Licensure
Chapter 4.5-02.1-05 - Professional Conduct
Section 4.5-02.1-05-03 - Complaint procedure
Current through Supplement No. 394, October, 2024
1. Upon filing of a written and signed complaint alleging a licensee engaged in conduct identified as grounds for disciplinary action under North Dakota Century Code section 43-45-07.1, the board shall notify the licensee of the complaint and require a written response from the licensee.
2. The board may direct the ethics subcommittee or a board member to investigate the complaint. After completing the investigation, the ethics subcommittee or board member will recommend whether the board should take disciplinary action against the licensee.
3. The board shall determine if there is a reasonable basis to believe the licensee engaged in conduct identified as grounds for disciplinary action under North Dakota Century Code section 43-45-07.1. If the board determines there is not a reasonable basis to believe, the board will notify the complainant and the licensee. If the board determines there is a reasonable basis to believe, the board will proceed with a disciplinary action in accordance with North Dakota Century Code chapter 28-32.
4. The board, at any time, may offer or accept a proposal for informal resolution of the complaint or disciplinary action.
5. The board may impose a fee on the licensee for all or part of the costs of an action resulting in discipline, including administrative costs, investigation costs, attorney's fees, witness fees, the cost of the office of administrative hearings services, costs related to any requirements of public notice of the discipline, and court costs.
General Authority: NDCC 43-45-04
Law Implemented: NDCC 43-45-04, 43-45-07.3