Complaint investigation

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§8003-A. Complaint investigation

1.  Affiliated boards.  In aid of their investigative authority, the licensing boards and commissions affiliated with the department pursuant to section 8001‑A may issue subpoenas in the name of the relevant licensing board or commission, in accordance with the terms of Title 5, section 9060, except that the authority applies to any stage of an investigation and is not limited to an adjudicatory proceeding.  

[PL 2007, c. 402, Pt. C, §4 (NEW).]

2.  Office of Professional and Occupational Regulation.  The Office of Professional and Occupational Regulation, including the licensing boards and commissions and regulatory functions within the office, may receive, initiate and investigate complaints alleging any ground for disciplinary action set forth in section 8003, subsection 5‑A. To assist with complaint or other investigations, or as otherwise considered necessary for the fulfillment of their responsibilities, the office, boards and commissions may hold hearings and may issue subpoenas for witnesses, records and documents in the name of the office, board or commission, as the case may be, in accordance with the terms of Title 5, section 9060, except that the subpoena authority applies to any stage or type of an investigation and is not limited to an adjudicatory hearing held pursuant to section 8003, subsection 5‑A.  

Investigative personnel of the Office of Professional and Occupational Regulation, during the normal conduct of their work for boards, commissions and regulatory functions within the office, may conduct investigations, issue citations, serve summonses and order corrections of violations in accordance with specific statutory authority. When specific authority does not exist to appeal an order to correct, that process must be established by rule by the respective board.  

[PL 2007, c. 402, Pt. C, §4 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]

3.  Dispositions available to the public.  Upon disposition of each complaint and investigation, the office and all boards and commissions shall make such disposition available to the public.  

[PL 2007, c. 402, Pt. C, §4 (NEW).]

SECTION HISTORY

PL 1985, c. 748, §19 (NEW). PL 1991, c. 509, §4 (AMD). PL 1995, c. 502, §H11 (AMD). PL 2007, c. 402, Pt. C, §4 (RPR). PL 2011, c. 286, Pt. B, §5 (REV).


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