Complaints and Administrative Investigations
Complaints and Administrative Investigations
This domain tests the life cycle of an administrative complaint against a licensed professional: initiation, docketing, notice, answer, investigation, hearing, evidence, and decision.
Core rules
- A complaint should be verified and state facts, grounds, and relief. It must identify the respondent and the alleged violation of law, rules, or the professional code.
- The respondent is entitled to notice, a copy of the complaint, and an opportunity to answer and present evidence.
- Investigation and hearing follow the PRC's rules. Parties may be required to appear, submit evidence, and comply with orders.
- The burden is on the complainant to prove the allegations by the required evidentiary standard. Mere accusation is not proof.
- Venue and prescription depend on the profession's law and PRC rules; do not assume a complaint can be filed years later.
Worked example
A patient files a complaint alleging negligence but submits only a narrative and no records. The professional answers and denies it. The investigator may dismiss or require more evidence because the complainant has not shown the factual basis. Reason: an administrative case is decided on evidence, not on the seriousness of the label.
Traps
- Filing an unverified complaint with no factual details.
- Confusing a criminal case with an administrative case.
- Ignoring the answer deadline.
- Relying on hearsay without corroborating records.