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24.201.2411    ENFORCEMENT PROCEDURES - INVESTIGATIONS AND PROFESSION MONITORING PROGRAM (PMP) REVIEW

(1) The board may designate any person not a board member to serve as the enforcement coordinator to conduct or coordinate an investigation of complaints filed with the board and the review of PMP reports. During the investigative or review process, the report of the enforcement coordinator or designated investigator or reviewer, the testimony, PMP report, documents, and comments and responses gathered in the investigation and the pendency of the investigation or review shall be treated as confidential information by the board and its designees, and shall not be disclosed except to the extent deemed necessary in order to conduct the investigation or review or in compliance with 37-1-135, MCA.

(2) The board may request assistance from permit holders having appropriate experience and competence to review reports submitted by the enforcement coordinator or submitted under the profession monitoring rules of subchapter 11.

(3) Upon the determination of the enforcement coordinator that a practice unit failed to follow board recommendations pursuant to ARM 24.201.1115 subsequent to an unacceptable PMP report, the enforcement coordinator shall inform the board of the noncompliance. The board may issue a formal complaint and refer the matter to the screening panel for appropriate disciplinary action.

History: 37-1-136, 37-1-319, 37-50-203, MCA; IMP, 37-1-136, 37-1-316, 37-1-319, MCA; NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09.

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