PROPOSAL (44) – PROPOSED RULE §78.5
Thursday, September 18, 2014 08:01 AM

(a) An individual or facility regulated by the board shall cooperate with the board in its investigation of a complaint filed against the individual or facility. Upon receipt of a notice of a complaint or request for information or records from the board, an individual or facility shall respond to the complaint and any request by the board for information or records concerning the complaint. A notice of a complaint will be sent "Certified Return Receipt Requested" and must be accepted by the individual or facility or their designee. A duplicate copy of the complaint will be sent by the United States mail, and so doing raises a presumption of delivery. The original notice and the copy will be sent to the respondent's current business or mailing address on file with the board, which the respondent is required to maintain with the board by §75.1 of this title (relating to Notification and Change of Business Address), §73.1 of this title (relating to Chiropractic Facilities), or §74.2 of this title (relating to Registration of CRTs). For the purposes of this chapter and Chapter 79 of this title (relating to SOAH Proceedings), the last known address of a respondent is presumed to be the current business or mailing address on file with the board.

(b) The response to the complaint and to any request by the Board for information or records shall be in writing, sent no later than the 15th day after receipt of the notice from the board, and shall be directed to the attention of the board's Enforcement Committee.

(c) Failure to timely respond to a complaint and any request by the Board for information or records shall be an independent ground for disciplinary action by the board.