Current through Reg. 49, No. 38; September 20, 2024
(a) The executive director shall provide a
summary report on the status of all complaints at the regularly scheduled board
meetings. The report shall include:
(1)
number of complaints filed;
(2)
number of complaints received in each category;
(3) number of complaints initiated by the
board;
(4) number of complaints
filed by persons other than the board;
(5) the average length of time to resolve a
complaint by totaling all the days accumulated for all resolved complaints and
dividing by the total number of resolved complaints during the reporting
period;
(6) number of complaints
that are unresolved, including:
(A) by those
filed by the board, or
(B) by those
filed by persons other than the board, and
(C) including the average length of time the
unresolved complaints have been on file obtained by summing the days
accumulated for all unresolved complaints and dividing by the total number of
unresolved complaints;
(7) number of dismissed cases; and
(8) number of complaints resulting in
disciplinary action including the disciplinary action taken and whether the
action was imposed by stipulation, agreed settlement, consent order, default,
or order following a contested case hearing.
(b) The executive director shall report
dismissed complaints to the board and shall include in the report the following
information:
(1) name of the
complainant,
(2) name of the person
who is subject of the complaint,
(3) the basis of the complaint, and
(4) the reason for the dismissal of the
complaint.
(c) If the
executive director determines that the complaint filed is frivolous or without
merit, the case information will be classified as confidential and as such the
information is not subject to discovery, subpoena, and or other disclosure. The
board shall approve this action upon acceptance of the report and the case will
then be closed. Closed cases will not be reconsidered for classification under
this rule.
(1) A "frivolous complaint" means
a complaint that the executive director has determined:
(A) was made for the purpose of harassment;
and
(B) does not demonstrate harm
to any person.
(2) A
complaint that is determined by the executive director to be "without merit"
would include situations where a:
(A)
professional engineer, professional land surveyor, individual, or firm has been
determined to not be responsible or connected in any way with the alleged
violative action in the complaint, as it relates to a violation of the
Engineering or Surveying Acts and/or board rules; or
(B) case has been determined to be outside
the jurisdiction of the board; or
(C) case has been determined to have been
administratively opened in error.
