.0501 FILING COMPLAINTS

1. General. Any person who has reason to believe that a Doctor of Chiropractic has violated the laws governing chiropractic may file a complaint with the Board of Examiners. Complaints should be filed with the secretary of the Board of Examiners.
2. Form of Complaint. Complaints may be formal or informal, but must be in writing:
   1. Informal Complaints. Any written communication, construed most favorably to the complainant, which appears to allege a violation of the laws governing chiropractic shall be considered an informal complaint.
   2. Formal Complaint. A formal complaint shall be executed in writing under oath upon a form provided by the secretary. It shall specify the statute or rule allegedly violated and shall contain a short statement of the acts or omissions constituting the alleged violation including the dates of said acts or omissions.
3. Secretary's Response to Complaints. The secretary shall review any complaint to determine whether a major or minor violation has been alleged. If the secretary determines that the alleged violation is minor, he shall attempt to resolve the complaint by informal communications with the complainant and the chiropractor complained of. If the secretary determines that the alleged violation is major, he shall assist the complainant in filing a formal complaint.

History Note:

Statutory Authority G.S. 90-142; 90-154;
Eff. February 1, 1976;
Readopted Ef. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983; December 20, 1979.

.0502 UNLAWFUL PRACTICE

History Note:

Statutory Authority G.S. 90-147; 90-148;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0503 DETERMINATION OF PROBABLE CAUSE

1. General. Formal complaints shall be investigated by the Chiropractic Review Committee. The committee shall hold a hearing to determine whether there is probable cause to believe a violation of the laws governing Chiropractic has occurred.
2. Composition of Review Committee. The committee shall be composed of:
   1. the secretary of the Board of Examiners,
   2. the attorney for the Board of Examiners,
   3. a licentiate selected by the secretary from among those who, at the most recent election held pursuant to 21 NCAC 10 Rule .0103(c), were elected candidates for board membership but were not appointed to the board.
3. Notice of Hearing. The secretary shall provide notice of the probable cause hearing to the chiropractor complained against by certified mail at least 15 days in advance of the hearing.
4. Conduct of Probable Cause Hearing. The probable cause hearing shall be informal, and the secretary may establish at his discretion such procedures as are necessary to facilitate examination of the evidence. The Review Committee may consider evidence at the probable cause hearing which would not be admissible if offered at the hearing in a contested case.
5. Action by the Review Committee. After examining the evidence presented at the probable cause hearing, the Review Committee may dispose of each charge in the formal complaint as follows:
   1. If no probable cause exists to believe that a violation of G.S. 90-154 has occurred, the charge may be dismissed.
   2. If the respondent admits the charge, he may be directed to cease and desist from commission of those acts which violate the provisions of G.S. 90-154.
   3. If a charge is denied and probable cause if found, or if a charge, while admitted, is of such gravity as to make the imposition of punitive sanctions appropriate, the complaint shall be presented to the Board of Examiners for its decision on the merits in accordance with the statutes governing contested cases.

History Note:

Statutory Authority G.S. 90-142; 90-154;
Eff. December 1, 1988.