Once a complaint is received by the Board/Commission/Program, a copy will be forwarded to the named Respondent requesting that they provide a response to the allegations. If a response is received, a copy is sent to the complainant (if applicable) for review and forwarded to our legal counsel. At that time, they begin their review of the file and all documentation and present the facts to the Board/Commission/Assistant Commissioner at their regularly scheduled meeting(s).
The legal report is presented anonymously so as to not prejudice the Board/Commission/Assistant Commissioner on reaching a decision. Upon hearing the summary, the Board/Commission/Assistant Commissioner will vote on whether or not they believe the facts of the matter are grounds for discipline. If they do not feel that there has been a violation, then they will often dismiss the matter. However, if the Board/Commission/Assistant Commissioner determines that there may be probable cause for discipline, they will authorize a formal hearing but first give an option for the Respondent to settle via a Consent Order. If the Respondent does not settle via Consent Order, it is then forwarded to a litigating attorney for a formal hearing between the Department and the Respondent. Often times, a Complainant is called upon as a witness in these hearings but is not a party to the litigation.
Please be advised, this office cannot give legal advice or represent private individuals who seek refunds or reimbursements. Regulatory jurisdiction is limited to seeking discipline against a Respondent’s license. If you feel that you need legal assistance, you should consider contacting private legal counsel.
All complaints submitted to the Tennessee Division of Regulatory Boards are subject to the Public Records Act, T.C.A. Title 10, Chapter 7.