OAR 856-019-0040
Complaint Process
(1)
Any person or entity may file a complaint with the Board regarding the conduct of a Board licensee or trainee. Such complaints shall be in writing, and include a detailed explanation of the conduct or events complained of. Anonymous complaints are disfavored, but allowed, provided that an explanation is offered of the reason why the complainant does not wish to be identified. Anonymity may limit the ability of the Board to investigate the complaint, and therefore anonymous complaints should allege facts sufficient to allow the Board, should it choose to investigate as provided in this section, to pursue an investigation without further communications with the complainant.(2)
Each complaint shall be assigned a filing code, and then shall be directed to the Board or a committee designated by the Board Chair, with a copy provided to the licensee or trainee who’s conduct is the subject of the complaint. The Board or committee will review each complaint and shall, within 30 days of the date of filing, provide an initial response to the complainant, if identified, and the licensee or trainee, indicating whether an investigation will be undertaken. Every complaint and the Board’s or committee’s initial response will be announced at the next regularly scheduled meeting of the Board.(3)
If the Board or committee decides that an investigation should be undertaken, the Board or committee shall determine what resources will be necessary to complete the investigation, which may include, but are not limited to, assistance from the Board Executive Director, Board Administrator, independent investigators, or subject matter experts. The Board or committee may proceed with an initial investigation using such resources, provided that the Board may subsequently chose to expand or limit access to such resources.(4)
The Board or committee shall, at each regularly scheduled meeting of the Board, report on the progress of any investigation it has in progress.(5)
When the investigation is complete, the Board shall report in writing, or the committee shall report findings to the Board in writing. The Board shall then determine whether to commence a disciplinary or other action authorized by ORS Chapter 776 (Maritime Pilots and Pilotage) or the Board’s regulations. A copy of the findings shall be provided to the complainant, if known, and to the licensee or trainee whose conduct was the subject of the investigation.(6)
Nothing in this section is intended to limit the Board’s authority to initiate and conduct investigations on the Board’s own motion, supported by any basis deemed adequate by the Board.
Source:
Rule 856-019-0040 — Complaint Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=856-019-0040.