OAR 858-020-0045: Notice and Investigation Process

(1) Notice to Respondent. The Board's Executive Director or designee shall notify the respondent by letter when a complaint is filed, or an investigation has been initiated, into respondent’s conduct or practice. The notice letter shall provide respondent with a citation to the laws and regulations that apply to the investigation. The notice letter shall also set out the general allegations to be investigated. The investigator may modify the scope of the investigation as needed. (2) Notice to Supervisors. When a complaint is filed against an individual acting under the supervision of a licensed psychologist, the supervising psychologist(s) may be notified about any investigation into the conduct of the supervisee that may affect the licensure of the supervisor(s). The Board may open a companion investigation naming the supervisor(s). (3) Purpose of Investigation. The purpose of the investigation shall be to determine whether sufficient credible evidence exists of violation of rules or laws administered by the Board to justify issuance of a notice of intent to impose sanctions against a respondent or such other action as the circumstances may warrant. (4) Scope of Investigation. The investigator may seek guidance as appropriate and necessary from individual Board members, the full Board, agency legal counsel, the Board's Executive Director, and the Consumer Protection Committee if the Board decides to operate with that structure. (5) Cooperation. Failure by respondent to cooperate with a board investigation constitutes unprofessional conduct per ORS 675.070(2), and is grounds for disciplinary action. (a) Cooperation by respondent includes: (A) Submitting client records to the Board’s investigator, with or without a signed release by the client, for a full investigation of the allegations presented in the notice letter; (B) Sending a complete case file or other requested documents to the Board’s investigator; (C) Being available for a personal interview with the Board’s investigator; and (D) Responding truthfully and accurately to all questions presented by the Board’s investigator. (b) To cooperate with an investigation, respondents may not: (A) Use threats or harassment to delay or obstruct any person in providing evidence in any investigation, contested case, or other legal action instituted by the Board; (B) Use threats or harassment to obstruct or delay the Board in carrying out its regulatory functions; (C) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records; (D) Attempt to influence the testimony or participation in an investigation of any person believed to be a complainant or witness in a Board investigation, or to permit or encourage another person to do so; or (E) Engage in retaliation against another person for their participation in a Board investigation or provision of information to the Board. (6) Duty of the Investigator. The investigator shall collect evidence, interview witnesses as necessary, and make a written report to the Board. (7) The Board may delay approving a licensure application, renewing a license, or issuing an initial license, limited permit, or temporary practice authorization if the person has a complaint under investigation until the complaint has been resolved. (8) Licensees, applicants, and persons granted a limited permit or temporary practice authorization must comply with the terms of all Board orders and agreements. (a) Failure to comply with one or more terms of a Board order or agreement constitutes a violation of ORS 675.070(2)(h) and is grounds for disciplinary action. (b) The Board will not approve any license renewal or request to reactivate a license from inactive status to active or semi-active status if the licensee is not in compliance with one or more terms of any Board order or agreement. (9) If a resident is the subject of an investigation or a report pursuant to OAR 858-010-0036(5)(e), the Board may take any or all of the following actions, in addition to or instead of any other disciplinary action the Board is otherwise authorized to take: (a) Identify a new supervisor to work with the resident; (b) Extend the period of residency by a specified number of hours or months; (c) Require the resident to consult with the resident’s supervisor about a particular topic or topics; (d) Require additional training for the resident; (e) Place the residency on hold; or (f) Deny the resident a license.