Complaint: Filing InstructionsTo file an allegation complaint against a licensee, registrant, or psychology resident, a Complaint Form must be completed and signed by the individual filing the allegation. This forms requests information about the nature of the allegation and the facts supporting the complaint. The complaining party may also attach supporting documentation to the Complaint Form, if desired.
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After an allegation/complaint is received by the Board, the Board secretary or representative notifies the party complained against (respondent) of the complaint and provides the respondent a copy of the complaint. The respondent is requested to provide a written response to the complaint within (20) twenty days.
After a written response to the complaint is received by the Board office, a copy of the complaint and response are sent to the NDSBPE Complaints Committee for review. The committee will review the complaint and response at the next committee meeting and determine a recommendation for the Board as to whether the complaint should be dismissed, whether additional investigation is warranted, or whether grounds exist to believe a violation of the laws or rules regarding the practice of psychology has occurred and disciplinary action should be commenced.
If the Board determines the complaint should be dismissed, the Board or its representative will notify the complainant and respondent of the Board’s decision.
If it is determined additional investigation is warranted, the Complaints Committee will conduct additional investigation and the information obtained during the investigation will be reviewed and considered at the next committee meeting, with a recommendation made for the Board. The Board will hear the recommendation of the committee and determine if the complaint should be dismissed or that a reasonable basis exists to believe a violation has occurred and that disciplinary action should be commenced.
If the board determines disciplinary action should be commenced, the Board or its representative will notify the respondent of the Board’s determination and invite the respondent to resolve the matter informally. If the matter cannot be resolved informally to the satisfaction of the Board and the respondent, a formal complaint will be prepared and served.
Formal hearings are conducted pursuant to NDCC Chapter 28-32, the Administrative Agencies Practices Act. If an administrative hearing is held, an administrative law judge will be requested to make recommended findings of fact, conclusions of law, and a recommended order.