COMPLAINTS

The responsibilities of regulatory boards often include the review of complaints against licensees and registrants, and the dispensation of appropriate disciplinary action against those who have acted improperly.

One of the services provided by the IBOL is that of complaint investigation. The IBOL investigative unit is made up of a chief investigator and ten (10) field investigators stationed throughout the state. Each member of this unit has received national investigator training, and provides all of the investigative and inspection duties required of the boards under contract with the IBOL.

An investigation of your complaint can proceed much more quickly if you include specific information and documentation. Please mail your complaint to the IBOL office. The address is shown on the complaint form. While we do accept faxed (208 334-3406) or e-mailed (inv@ibol.idaho.gov) complaint information, you are encouraged to mail your original complaint to insure proper receipt and processing.

Use the following list to help you prepare your complaint:

• Your name, home address & phone number, and your work or other daytime phone number;
• The name, address, phone number, and profession of the individual you are complaining about (respondent);
• The dates and sequence of events constituting your complaint;
• The names of any witnesses to your complaint - especially other licensed/registered individuals you may have seen who can provide information or give a second opinion;
• Any evidence in the form of written documents, contracts, or pictures (copies are fine);
• Any other information that you think would be of assistance to the investigation;
• Your signature on the complaint form.

When your complaint is received by the IBOL, it is reviewed to determine whether or not an investigation should be conducted. In order to proceed with an investigation, the IBOL must determine whether or not:

• those involved are under the jurisdiction of the Board
• the complaint relates to possible violations of the professions Laws or Rules.

The complaint file may also be reviewed by a member of the profession for an additional input or evaluation.  In cases where the Board does not have jurisdiction, you will be notified and may be referred to other agencies or resources. If an investigation is appropriate, the complaint is assigned to one of the IBOL's investigators and you will receive notification.  Once the investigation process is complete, the entire file is reviewed to determine what further action might be warranted. A recommendation is then made to the Board and a determination is made. Possible action includes:

• closing the file without action;
• sending an advisory or educational letter;
• negotiating a settlement through a consent agreement;
• filing formal charges and scheduling an administrative hearing.

All disciplinary actions are handled by an assigned Deputy Attorney General (DAG). The process is governed by the Idaho Administrative Procedures Act. Formal action begins with the DAG's review and recommendation to the Board. The Board determines whether or not to proceed with disciplinary action. Such action may include negotiation of a Consent Agreement or the filing of a Formal Complaint outlining the alleged violations of the regulations and setting the date and time for a hearing.

A Consent Agreement is a disciplinary agreement between the respondent and the Board whereby the respondent agrees to receive Formal Discipline without going through the hearing process.  Once the Consent Agreement is approved by the Board, the matter is closed and both the complainant and the respondent are notified. 

If the Board and the respondent cannot agree, a Formal Hearing is scheduled. The hearing is usually conducted by an IBOL designated hearing officer. A Deputy Attorney General presents the evidence, including testimony from witnesses and experts, against the respondent. The respondent is permitted to present evidence in their defense and to cross examine the State’s witnesses. Respondents may choose either to represent themselves or be represented by an attorney.

Following the hearing, a decision will be entered by the Board. That decision will include findings of fact, conclusions of law, and a final disciplinary order. The final order may include:

• dismissal of all charges;
• revocation of the right to practice;
• suspension of the right to practice;
• imposition of a probationary period; and/or
• monetary sanctions.

Once the Final Order is issued by the Board, the matter is closed and both the complainant and the respondent are notified. 

All formal disciplinary actions are a matter of public record and are available from the IBOL for public inspection upon request.

SUBMITTING A COMPLAINT

Should you wish to file a complaint, you may download a Complaint Form to print out and complete. You may also request a complaint form by contacting the Bureau of Occupational Licenses or by e-mailing the investigative unit. A written and signed statement of your complaint is required before an investigation can begin.

You may fill out an IBOL Complaint Form online, print & sign the form, attach copies of any documents which relate to the problem, and mail it to the IBOL office. The address is shown on the complaint form. While we do accept faxed (208 334-3406) or e-mailed (inv@ibol.idaho.gov) complaint information, you are encouraged to mail your original complaint to insure proper receipt and processing.

We must receive your completed and signed complaint form before we are able to take any action concerning your complaint.  Upon receipt of your completed form, we will assess the information you have provided and begin the appropriate investigative procedures.

The IBOL relies a great deal on individuals, like you, who are willing to provide us with information concerning possible violations of Idaho regulatory laws. We cannot, however, act as a private attorney for those bringing complaints to our attention. Our role in any action arising out of a complaint is to act on behalf of all the people of Idaho. Several additional options may be appropriate for you in addressing your particular complaint:

1.  Your local Better Business Bureau may be able to assist you in mediating a dispute with a business.

2.  You may file an action in small claims court if the amount in controversy does not exceed $3,000.00.

3.  You may have a remedy available to you through a private lawsuit. If you do not have an attorney, you may contact the Idaho State Bar and request their referral service at:

Idaho State Bar
PO Box 895
Boise, Idaho 83701
(208) 334-4500

Please contact the IBOL if you need additional information.

Return to Bureau of Occupational Licenses Home Page

Last Modified - Thursday, October 02, 2008