Section 125.1192a. Complaint Process

Rule 192a. (1) The complainant  shall   send  an  alleged  complaint   to  the respondent in writing of the alleged violation, giving  the  respondent   10 business days to respond.

(2)     A person may file a  complaint   with  the  department,   on  a  form prescribed by the department, pertaining to a violation of the act and rules.

(3)     The department shall send the complaint to the respondent if the department determines there is a potential violation of the act or rules.

(4)     The respondent shall respond to the complaint in writing to the department within 10 business days after receipt from the department or attempted delivery of the complaint.

(5)        If the respondent does not respond to the complaint in writing within 10 business days after receipt, the department shall send the complaint to the alleged respondent a second time.

(6)     The respondent shall respond to the complaint in writing to the department within 5 business days after receipt  from  the  department  under subrule (5) of this rule.

(7)      If the respondent does not respond to the complaint under subrule (6) of this rule, then the department shall send an order to answer via certified mail to the respondent directing a response.

(8)      Under subrule (7) of this rule, the respondent shall respond to the order to answer within 10 business days after receipt from the department or attempted delivery of the complaint.

(9)     If the respondent does not respond to  the  order  to  answer  under subrule (8) of this rule, then the department shall initiate administrative action against the respondent.

(10)          If the respondent responds to the complaint or order to answer, the department shall send the response to the complainant.

(11)     The complainant shall respond to the response in writing to the department within 10 business days after receipt.

(12)      If the complainant does not respond to the response  within  10 business days after its receipt, or notifies the department in writing that the response is satisfactory, then the department shall close  the  complaint file.

(13)     If the complainant notifies the department in  writing  that  the response is not satisfactory, then the department shall determine whether the respondent has violated the act or these rules.

(14)       If the department determines that the respondent has not violated the act or rules, then the department shall notify the complainant  and  the respondent in writing and shall close the complaint file.

(15)      If the department determines that the respondent has violated the act or rules, then the department shall notify the complainant and the respondent in writing of the required remedial action and the deadline by which the remedial action shall be completed.

(16)          When the remedial action is complete, the respondent shall notify the department in writing and provide documentation that the remedial action is complete.

(17)       If the department is satisfied that the remedial action is complete, then the department shall notify the respondent and complainant of this determination and then shall close the file.

History: 2003 MR 14, Eff. Aug. 1, 2003.