COMPLAINTS AND INQUIRY PROCEDURES
ALABAMA BOARD OF
EXAMINERS OF NURSING HOME ADMINISTRATORS
Guidance Regarding Investigations of Complaints Pursuant to
and Inquiry Procedures established in
620-x-8-.01 of the Alabama Administrative Code
complaints received by the Board of Examiners of Nursing Home Administrators
must be submitted in writing and signed with contact information included.
Anonymous complaints will not be investigated.
Complaints should be submitted on the Alabama Board of Examiners of
Nursing Home Administrators Complaint Form, as found in Rule 620-x-14, App. A,
Form-1 of the Alabama Administrative Code and in the Forms link on the
Executive Secretary of the Board will notify the Board members at the next
scheduled Board meeting that a complaint has been received.
Rule 620-x-8-.01(2) of the Alabama Administrative Code, the Board is
authorized to appoint persons to investigate complaints. If the Board feels that
it is improper for or beyond the expertise of the Executive Secretary to conduct
the investigation with the assistance of the Attorney Generalís office
representative assigned to the Board, the Executive Secretary will ask for a
member of the Board to be appointed to assist with the investigation.
These individuals constitute the Investigative Committee.
Executive Secretary will notify the individual(s) against whom a complaint has
been made of the existence of a complaint and the nature of the complaint.
The individual will be given an opportunity to comment and present
information regarding the complaint. A
copy of the complaint will not be sent to the individual(s) at that time.
Executive Secretary may request an affidavit of facts from the individual(s) who
filed the complaint(s), if necessary.
Executive Secretary will log in the complaint and place a notation in the
administratorís file that a complaint has been received.
completion of the investigation, pursuant to Rule 620-x-8-.01(2) of the Alabama
Administrative Code, the Executive Secretary or Attorney Generalís office
representative will report the investigative findings to the full Board if the
investigative committee recommends either that (1) the complaint file be closed
based on lack of probable cause or (2) the Board accept a proposed Settlement
Agreement negotiated by the Committee. If
the Investigative Committee recommends that an Administrative Complaint be filed
against an individual, then the
facts regarding the case will not be discussed or reported to the full Board
before the formal hearing. Individuals
against whom administrative complaints are filed will be entitled to a formal
hearing in accordance with the procedures established in Section 34-20-14 of the
Code of Alabama (1975) and Rules 620-x-7-.02 and 620-x-8-.01 of the Alabama
a Board member was involved in the investigation then he/she must abstain from
voting on any action regarding the complaint
final action is determined, the Executive Secretary will enter the information
in the administratorís file and register the action with the Disciplinary Data
Bank, if necessary.