Explanation of Complaint Process

Certain businesses and professions have been determined by the State as affecting the health, safety, and welfare of the public.  Persons practicing in these businesses and professions, with some exceptions, are required by state law to be licensed under the Professional Licensing Boards (PLB) Division.  These requirements are published in Georgia law; the Official Code of Georgia Annotated, (O.C.G.A.) Title 43, 26 or 12.

General Licensing Requirements
    The Boards are charged with licensing persons who practice regulated businesses and professions.  Licensees must have successfully completed specific requirements, such as education, experience, and examination.  Licensees are required to maintain a current license that must be renewed every two years. 

Complaint Process
    If you wish to file a complaint concerning the practice of a licensee, you should submit the complaint in writing to the appropriate board at 237 Coliseum Drive, Macon, GA  31217-3858 or online by submitting the form that can be found at https://secure.sos.state.ga.us/myverification/SubmitComplaint.aspx

    Your complaint must include your name, address and telephone number; the name and address of the person being reported; a detailed description of the violation, and any other pertinent information.  This means all supporting documents (i.e. business/patient records, cancelled checks, billing statements, proposals, etc.) that could be used to support your complaint.

    Boards only have the legal jurisdiction over an individual’s license to practice and can only discipline an individual if a violation of the laws and rules governing practice have been violated. 

    Upon receipt of your complaint, you will receive an acknowledgement from the board. 

    Boards generally do not accept or process anonymous complaints. 

Investigations
    Your complaint will be given serious consideration by the board and further investigative action may be taken, if appropriate. 

    You may or may not be contacted by a board Investigator.  A referral of your complaint for further investigation does not necessarily mean that a licensing violation has occurred. 

    Investigations are completed as soon as possible, depending upon the nature and circumstances of the complaint. 

    Investigations are confidential; we are unable to divulge receipt of or updates on the status of a complaint over the phone. 

    Georgia law requires that investigative files are confidential for any purpose other than a hearing before the board; however, the board is authorized to release the records to another enforcement agency or lawful licensing authority.

Unlicensed Practice
    Persons who practice a regulated business or profession without a license may be ordered to cease and desist the practice and may be fined by a board. 

    If a cease and desist order is refused by the unlicensed individual, the board is required to take the matter to a hearing. 

    The board may also petition the court for an injunction against further unlicensed practice. 

    Many licensing laws also subject unlicensed persons to criminal prosecution by local authorities.

Disciplinary Action
    A board may discipline a license holder if the board determines that a violation of the board’s laws, rules and/or regulations has occurred.    

    A licensee who violates these laws, rules and/or regulations may be subject to disciplinary action, such as a fine, reprimand, suspension or revocation of the license. 

    When a Board seeks to sanction a license holder and the license holder does not voluntarily enter into a consent agreement/order with the board, the board may be required to go to an Administrative Hearing.  When cases proceed to a formal hearing; the decision is made by an administrative law judge in accordance with the Georgia Administrative Procedures Act. 

    If a hearing is conducted, you as the complainant may be called upon to testify, and your identity as a complainant may become known.
   
    After the formal hearing is conducted, the administrative law judge issues a ruling (Initial Decision and recommended disciplinary action.  The licensee may request, or the board, on its own, may seek review of the administrative law judge’s decision.  After the final decision is issued, the licensee may appeal that decision to the Superior Court of Bibb County.

    The procedure is lengthy and may take months to complete.  However, it is designed to insure due process and to protect the rights of the individuals involved

Business Practice/Billing Disputes
    Most boards generally do not have legal jurisdiction over business practices/billing/fee disputes.  The boards have no authority to set fees or settle fee disputes.

    You will need to seek legal counsel or seek a remedy in the civil court arena for issues dealing with business practices/billing/fee disputes. 

Possible Resolutions
    Close with no violation/insufficient evidence – you will be notified of this action.

    Close with a letter of concern - this action is taken if there is no violation of the laws and rules governing practice but the board wants to express its concern to the practitioner surrounding the complaint.  You will be notified that the complaint has been closed; however, a letter of concern is private and cannot be divulged. 

    Closed after an inspection – Inspection reports are public.

    Closed with an Order for Monies received – this action is taken when a fine has been paid for a violation discovered during an inspection.  This information is public. 

    Close with a private consent order – the action is taken when there is a violation of the laws and rules governing practice.  However, the matter is closed with a private agreement between the licensee and the board.  A private consent order is private and cannot be divulged. 

    Close with a public consent order – the action is taken when there is a violation of the laws and rules governing practice.  The matter is public and a copy of the order will be mailed to you. This information is posted on the licensees’ public license record. 

What to expect
    You may expect the state board to be genuinely concerned with your complaint.  It will be reviewed and investigated thoroughly. 

    You will receive notice from the board when the complaint is received. 

    If the complaint does not fall within the legal jurisdiction of the board, you will receive notice to that affect. 

    When appropriate, the board will investigate and resolve the complaint. 

    Please remember that Investigations are confidential; we are unable to provide updates concerning the status of a complaint. 

    Once the investigative process is completed, you will be notified

Conclusion

The state boards hope that the matter giving rise to your complaint will be handled in a manner which will give you confidence in our earnest desire to protect the public and to improve the regulated businesses and professions.