Chapter 4761:1-10 Complaints

4761:1-10-01 Filing of complaints.

(A) Any person may file a complaint with the board that a license or certificate of registration holder has committed any act that is grounds for disciplinary action under section 4752.09 of the Revised Code.

(B) Upon receipt of a complaint, the investigator of the board shall send an acknowledgment letter to the complainant along with a request for any additional information, if deemed necessary.

(C) Anonymous complaints may be investigated if the executive director with the advice and consent of a board designee believes an investigation is justified.

(D) If the executive director finds evidence to support a complaint , a report shall be filed with the board. Upon review of the complaint, the board may issue a notice of opportunity of hearing to the licensee in accordance with Chapter 119. of the Revised Code.

(E) If a complaint is determined to be unfounded, the executive director with the approval and consent of the board may close the investigation.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(8) and (10)
Rule Amplifies: 4752.17(a)(8) and (10)
Prior Effective Dates: 05/23/2005

4761:1-10-02 Authority of board investigators.

The board may appoint a representative to conduct investigations of licensees, certificate of registration holders and HME facilities. The investigator may be a member of the board or may be a paid staff member of the board. Investigators may conduct site visits of HME facilities and may investigate all complaints filed with the board regarding an HME facility, a licensee or a certificate of registration holder. Investigators may also initiate an investigation with the approval of the executive director of the board of a licensee or certificate of registration holder even when no formal written complaint has been filed.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.08(B) , 4752.17(A)(11)
Prior Effective Dates: 05/23/2005

4761:1-10-03 Licensees and certificate holders must comply with investigations conducted by the board.

Authorized representatives of a licensed facility or a facility holding a certificate of registration must comply with investigations conducted by the board and must instruct their staff members to comply with all investigative requests made by the board.

(A) Facilities holding a certificate of registration may be investigated pursuant to the agreed upon procedures contained in the cooperative agreement each accrediting organization enters into with the board under section 4752.14 of the Revised Code. Facilities holding a certificate of registration must make records maintained by the facility available to board investigative staff for review. Upon request by the board or its investigative staff, the facility holding a certificate of registration will produce copies of records for the board or its investigative staff.

(B) Facilities holding a license may be inspected pursuant to section 4752.08 of the Revised Code or investigated for alleged violations contained in section 4752.09 of the Revised Code. Licensed facilities must make records maintained by the facility available to board investigative staff for review. Upon request by the board or its investigative staff, the licensed facility will produce copies of records for the board or its investigative staff. Non-compliance with a board investigation is grounds for disciplinary action pursuant to division (A) of section 4752.09 of the Revised Code.

Effective: 03/29/2013
R.C. 119.032 review dates: 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.08(B)
Prior Effective Dates: 05/23/2005, 08/09/2010