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24.180.2401    COMPLAINT PROCEDURE

(1) A person, government or private entity may submit a written complaint to the board charging a licensee or license applicant with a violation of board statute or rules, and specifying the grounds for the complaint.

(2) Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the board.

(3) Upon receipt of the written complaint form alleging a violation of board statute or rules against a licensee, the board office shall log in the complaint and assign it a complaint number. The complaint shall then be sent to the licensee complained about for a written response. Upon receipt of the licensee's written response, both complaint and response shall be considered by the screening panel of the board for appropriate action, including dismissal, investigation or a finding of reasonable cause of violation of a statute or rule. The board office shall notify both complainant and licensee of the determination made by the screening panel.

(4) If a reasonable cause violation determination is made by the screening panel, the Montana Administrative Procedure Act shall be followed for all disciplinary proceedings undertaken.

(5) The screening panel shall review anonymous complaints to determine whether appropriate investigative or disciplinary action may be pursued, or whether the matter may be dismissed for lack of sufficient information.

(6) Upon receipt of the written complaint form alleging unlicensed practice, the board office shall log in the complaint and assign it a complaint number. The board counsel, under direction from the board chairman, will assign the complaint for immediate investigation. Upon receipt of the investigative report, both complaint and report shall be considered by the board for appropriate action, including dismissal, letter of warning, cease and desist order or injunctive action. The board office shall notify all parties involved of the determination made by the board.

(7) If, during the course of inspecting for license compliance, the compliance specialist of the department asks for a license from a person at a job site where the person is performing plumbing work and that person is unable to show proof of licensure, a citation will be issued as outlined in 37-69-310 , MCA.

History: 37-69-202, MCA; IMP, 37-1-308, 37-1-309, MCA; NEW, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472.

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