AveryClause i Traditionally, a clause denying the right for parties to litigate until the matter in dispute has been considered by arbitrators.
After review, this section may close the file, obtain compliance, try to resolve the matter by negotiating An analysis on the process of adjudication consent order, or refer the case to Alternative Dispute Resolution or Investigations for further action. A form of mediation, ADR is free, voluntary, confidential, and non-adversarial, with the objective of reaching a mutually acceptable agreement between the consumer and the licensee.
Parties that resolve disputes through ADR avoid months of a formal investigation and possible civil litigation. If the dispute cannot be resolved through the ADR process, the file will be assigned to Investigations and follow the traditional disciplinary process.
Learn more about ADR here. Investigations INV The Investigations section is responsible for obtaining evidence regarding complaints against licensees and determining whether that evidence indicates a probable violation of Board regulations or laws.
Investigators prepare a Report of Findings ROFwhich outlines the facts in support of probable violation s of Board regulations or laws.
This section conducts other special investigations involving potential public harm and provides assistance and support to law enforcement and government agencies. At the IFF Conference, the applicant or licensee is given the opportunity to present information before a presiding officer—a trained staff person, Board member or former Board member—and a court reporter transcribes the proceedings.
After the IFF Conference, the presiding officer makes a recommendation on whether to issue a license for application cases or what sanctions, if any, the Board should impose for any violations of law or regulations for disciplinary cases.
The IFF recommendation and entire case file is then reviewed by the full Board at its next regularly scheduled meeting, where the Board votes on whether to accept, amend, or reject the IFF recommendation.
Prima Facie disciplinary cases are those in which the respondent waives the right to an IFF. These cases are presented to the Board with the investigative Report of Findings ROF and recommended sanctions, without the need for the administrative proceeding.
Consent Orders negotiate terms that may include monetary penalties, remedial education, or probation. The Board must ratify the terms of any Consent Order at a regularly scheduled public meeting. Cases resolved with Consent Orders are closed without disciplinary action beyond the terms agreed to by the licensee, and the files are subject to public disclosure.
Final Order Final Orders are entered in licensing and disciplinary cases, and do not require the agreement of the applicant or licensee. They are subject to public disclosure and may be appealed to court under the Administrative Process Act.
What Happens When You File The report will be reviewed to determine whether a violation of board laws or regulations may have occurred. You may be asked to provide additional information. If an investigation supports probable cause that a violation occurred, the appropriate regulatory board may take disciplinary action to require remedial education, impose a fine, suspend or revoke the license, or fail to renew a license.
If an investigation indicates the individual or business is not properly licensed, DPOR may take criminal action. You may be asked to appear at a disciplinary proceeding or in court to provide testimony for the case.
If the investigation does not show probable cause that a violation occurred, the case will be closed. DPOR cannot guarantee anonymity. By law, all complaints received by DPOR are subject to public disclosure once a case is closed.
Therefore, if you wish to file anonymously, please do not include any personal information on the reporting form or submit any supplemental documents that reveal your identity.
While DPOR may accept anonymous reports against licensees, it will not proceed if the report lacks sufficient information to suggest a regulatory or criminal violation.
In some instances, the Department may offer Alternative Dispute Resolution regarding reports against licensees. A regulatory board CANNOT require any individual or business to refund money, correct deficiencies, or provide other personal remedies.
In some cases, a legal action may be your only recourse to resolve a matter. The Department cannot provide legal advice. Many complaints, however, present an immediate threat to public safety and will be given priority.
Thank you for your patience during the complaint process. Fillable PDFs do not open correctly in some Internet browsers.DBSConsult is a Construction Claims and Dispute Management practice operating out of Dubai, UAE. The practice focuses on achieving settlement of Owners and Contractors’ construction and engineering disputes across the GCC and beyond.
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