(a) The Committee shall establish and maintain a complaint history report to provide members of the public with complaint information that has been filed with the Committee against persons that are licensed by the Committee or unlicensed persons that are subject to its jurisdiction.
(b) A complaint that is determined to meet the criteria listed in subsection (e) shall be incorporated into the complaint history report no later than ten (10) days after the conditions of disclosure have been met. Any person may request a complaint history report by telephone, facsimile, electronic mail, in person, or in writing. Such requests for information shall be responded to within ten (10) days. Complaint history reports shall be made available to the requester in writing or by telephone.
(c) The complaint history report shall contain information about complaints meeting the conditions of disclosure listed in subsection (e) and, if applicable, shall include:
(1) License status and history;
(2) Total number of complaints meeting conditions of disclosure;
(2) Date and nature of the complaints;
(3) Total number of disciplinary, enforcement and public corrective actions taken by the Committee;
(4) Brief summary of disciplinary, enforcement and public corrective actions taken by the Committee and Citations that have been satisfactorily resolved shall be reported as such;
(5) Current status of pending Accusations, Statement of Issues, and Citations filed by the Committee;
(6) Current status of criminal prosecution resulting from a complaint received by the Committee;
(7) Information which is statutorily mandated to be disclosed;
(8) A description of the type of public information not included in the report, i.e., civil judgements, criminal convictions, unsubstantiated complaints; and
(9) Disclaimers indicating the report does not constitute endorsement or non-endorsement of a person, and that the report may not contain all available information.
(d)(1) The complaint history report shall not include any personal information about the complainant or the person against whom the complaint was filed.
(2) Disclosure of a pending Accusation, Statement of Issues, or Citation against a person under investigation or in the process of legal action shall contain a disclaimer stating that the pending administrative action(s) against the person is/are alleged and no final legal determination has yet been made. The report may also include further disclaimers, or cautionary statements, regarding such pending cases.
(e) The Committee shall disclose complaint information in a complaint history report when the Committee has determined that the complaint information has a direct and immediate relationship to the health and safety of another person and that one or more of the following have occurred:
(1) The complaint(s) is serious and that disclosure could provide protection to the public;
(2) Disclosure of “pattern” complaints may protect the consumer and/or prevent additional harm to the public;
(3) The complaint(s) has been referred to the Attorney General for filing of an Accusation or Statement of Issues; or
(4) The complaint(s) has been referred to other law enforcement entity for prosecution.
(f) Information about a complaint shall not be disclosed in the complaint history report if it is determined by the Executive Officer that any of the following apply:
(1) Disclosure is prohibited by statute or regulation;
(2) Disclosure might compromise an investigation or prosecution; or,
(3) Disclosure might endanger or injure the complainant or a third party.
Credits
Note: Authority cited: Sections 3620 and 3622, Business and Professions Code. Reference: Sections 129(e), 148 and 3622, Business and Professions Code; and Section 6253, Government Code.
History
1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).
4. Change without regulatory effect amending section filed 9-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40).
This database is current through 4/26/24 Register 2024, No. 17.
