Complaints

39-3356. Complaints. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency. (2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules, regulations and standards. If the licensing agency reasonably believes a requirement of this chapter has been violated, it shall conduct an inspection of the facility unannounced, unscheduled, and without written notice. (3) A complaint filed with the licensing agency which is subsequently released to the facility that is the subject of the complaint or to any member of the public shall not disclose the name or identifying characteristics of the complainant unless: (a) The complainant consents in writing to the disclosure. (b) The investigation results in a judicial proceeding and disclosure is ordered by the court. (c) If the disclosure is essential to the investigation, the complainant shall be given an opportunity to withdraw the complaint before disclosure. (4) The licensing agency shall inform the complainant or, if requested by the complainant, the complainant’s designated representative, of the results of the investigation and any action taken by the agency. (5) Complaints shall not be listed on the department’s public website. Substantiated complaints that result in a citation may be included in the inspection results on the department’s public website.