What must a complaint satisfy before the department is required to investigate it under s. 455.225(1)(a)?
Correct Answer
C) It must be in writing, signed by the complainant, and legally sufficient
Section 455.225(1)(a): the department "shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient." Legal sufficiency is defined in the same paragraph as containing ultimate facts showing a violation of the chapter, a practice act, or a rule — so an anonymous or purely conclusory complaint does not compel an investigation.
Why This Is the Correct Answer
Section 455.225(1)(a): the department "shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient." Legal sufficiency is defined in the same paragraph as containing ultimate facts showing a violation of the chapter, a practice act, or a rule — so an anonymous or purely conclusory complaint does not compel an investigation.
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