Sec. 14.09.07.06. Complaints Against Practitioners

A. Complaints.

(1) A complaint concerning a practitioner shall be:

(a) In writing;

(b) On the form prescribed by the Commission; and

(c) Signed under oath by the complainant.

(2) The complaint as filed shall be confidential, unless introduced into evidence at a hearing before the Commission.

(3) All correspondence related to a complaint shall be:

(a) Addressed to the Director of Rehabilitation, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202; and

(b) Marked CONFIDENTIAL.

B. Preliminary Procedures.

(1) If the Director determines that the complaint may be meritorious, the Director shall:

(a) Promptly notify the practitioner in writing that a complaint has been filed against the practitioner; and

(b) Send the practitioner a copy of the complaint by registered mail.

(2) Within 21 days after receipt of the complaint, the practitioner may:

(a) Respond in writing to the complaint; and

(b) Submit to the Director any additional information that may be relevant to the Director's investigation.

(3) The Director shall ascertain whether the complaint is within the jurisdiction of the Commission or any other health licensing boards or commissions. If the complaint is within the jurisdiction of another licensing board or commission, the Director shall promptly send a copy of the complaint to the appropriate licensing board or commission.

(4) If the Director determines that there is insufficient information to make a fair determination of the conduct alleged in the complaint, the Director may request additional information from the complainant or others.

(5) If the Director requests additional information from the practitioner, the practitioner shall respond within the time specified by the Director. Failure to respond or to participate in the Director's investigation may result in a finding against the practitioner and a reprimand or suspension or revocation of the practitioner's registration.

C. Referral to Commission.

(1) If the Director determines that there is reasonable cause to believe that the practitioner has violated one or more of the Commission's regulations or standards of practice, the Director shall refer the complaint to the Commission for a decision. The Director shall promptly inform the practitioner by registered mail that the complaint has been referred to the Commission.

(2) The practitioner shall respond in writing within 21 days after receipt of notice of the referral. The response shall indicate whether the practitioner:

(a) Intends to defend against the allegations of the complaint; and

(b) Requests a hearing.

(3) If the practitioner does not request a hearing within the time limit specified in §C(2) of this regulation, the Commission may rule on the complaint with or without a hearing. Top of Form