Current through Vol. 42, No. 1, September 16, 2024
(a)
Receiving
Requests for Inquiry. Any person may file a RFI against a LPC,
Candidate, or a person who delivers licensed professional counseling services
without a license. A person wishing to report a concern shall notify the Board
in writing. Upon receipt of the RFI, the Executive Director will:
(1) Stamp the first page of the RFI
indicating date of receipt;
(2)
Review the RFI to determine if the person against whom the RFI is made is a
person who is subject to the jurisdiction of the Board;
(3) Generate a letter to the complainant
indicating receipt of the RFI.
(b)
Reviewing Request for
Inquiry. If the Complaint Committee decides to meet with an individual,
the Complaint Committee shall proceed by:
(1)
The Executive Director has the authority to do the following:
(A) Respond directly to a Complainant without
need for referral to the Complaint Committee when matters do not allege a
violation of the Act and/or Rules; or
(B) Refer a RFI to the Complaint Committee
when allegations would be a violation of the Act and/or Rules.
(2) The Complaint Committee has
authority to do the following:
(A) Meet with
individuals who are under the jurisdiction of the Board and are the subject of
the RFI;
(B) Appoint an
investigator to investigate the RFI;
(C) Outline the terms of a proposed
Stipulation, Agreed Settlement, or Consent Order for the informal disposition
of the RFI to be submitted to the Board for approval;
(D) Authorize the filing of a Formal
Complaint and Notice of Hearing in order to initiate an Individual Proceeding;
and
(E) Close the RFI.
(c)
Informal
Interviews.
(1) If the Complaint
Committee decides to meet with an individual, the Complaint Committee shall
proceed by:
(A) Notifying the LPC or Candidate
that a RFI has been received, outlining the nature of the inquiry;
and
(B) Requesting a prompt letter
to the Board responding to the merits of the RFI and a meeting with the
Complaint Committee for an interview at a date and time determined by the
Complaint Committee.
(2)
If the LPC or candidate fails to respond with a prompt letter or fails to meet
with the Complaint Committee at their request, the Complaint Committee may
refer the RFI for investigation.
(d)
Requests for Investigation.
(1) If the Complaint Committee decides to
forward the RFI for investigation, the Complaint Committee shall proceed by:
(A) Contacting an investigator designated by
the Board to address the RFI;
(B)
Providing the designated investigator with the name and address of the
complainant, if available, and the LPC or candidate; and
(C) Notifying the LPC or candidate by
certified mail that a RFI has been received and an investigation is being
conducted.
(2) The
Complaint Committee may request that LPC or candidate be interviewed by the
designated investigator or by the Assistant Attorney General in a setting under
oath.
(3) The Complaint Committee
may refer the RFI to a law enforcement agency for criminal investigation, if
the Committee determines that a crime has or may have been committed.
(e)
Summary
Suspension. After the filing of a Formal Complaint and Notice of
Hearing, but prior to an Individual Proceeding, in the event of an emergency, a
summary suspension hearing may be held as set forth herein. If the Chair of the
Board and the Complaint Committee determine that an emergency exists for which
the immediate suspension of a license is imperative for the protection of the
public health, safety or welfare, the Board may conduct a summary suspension
hearing to temporarily suspend the license of any person under the jurisdiction
of the Board. The Chair or Vice-Chair may issue an Order of Temporary Summary
Suspension upon a finding by clear and convincing evidence that the immediate
suspension is imperative for the protection of the public health, safety or
welfare. The summary suspension hearing shall be conducted in accordance with
the APA. The LPC or Candidate shall be given at least 48 hours personal notice
to appear for the summary suspension hearing outlining the specific issues that
constitute an emergency and for which summary suspension is imperative for the
protection of the public health, safety or welfare. Following the Order, an
Individual Hearing on the merits of said Formal Complaint and Notice of Hearing
shall be held promptly.
