OAR 331-020-0040: Complaint Processing and Investigation

When a complaint is filed with the Office: (1) The Office will determine whether the complaint is related to a profession or occupation under the Office’s authority and falls within authority delegated to the Office by statute. (2) The Office unit will: (a) Review the complaint , and as applicable, interview parties and witnesses, and examine physical evidence; (b) Determine whether an authorization holder or other individual practiced within the standards of the program; (c) Recommend Office or board action. (3) Appropriate action will be determined. ( 4) As used in ORS 676.608(8), to “appear before the Office” includes: an investigative interview conducted under oath, under subpoena or otherwise compelled; an interview before a board, council, or subcommittee of a board or council; any depositions authorized by the Office; pre-hearing conferences; and contested case hearings. It does not include requests for records, records compelled by a subpoena, interrogatories, written admissions, other written communications, or voluntary communications, including voluntary settlement discussions.