Question & AnswerQ&A (PRC Resolution NO. 2004-233A)
Complaints may be filed against examinees, registered professionals, or Board members for immoral or dishonorable conduct; insanity; conviction of a criminal offense involving moral turpitude; unprofessional or unethical conduct; gross negligence or incompetence; fraud in the acquisition of professional licenses; neglect of duty; or irregularities in licensure examinations that affect their integrity.
Any person, firm, or corporation through an authorized representative, or the Professional Regulation Commission or the concerned Board itself may file a complaint motu proprio.
The complaint must be in writing, under oath or verified, filed in six copies with the Commission, and must clearly and concisely set forth the charges along with supporting documents, if any.
Failure to file within the period is construed as a waiver of the right to a formal investigation.
After submission of pleadings, the case folder is submitted to the Commission or the Board within five days for determination. If no prima facie case is found, the complaint is dismissed; otherwise, the case proceeds to trial.
The complainant must pay docket and legal research fees within ten days from notice, failure of which may cause dismissal of the complaint.
Summons must be served within ten days from docketing by personal delivery or registered mail to the last known address or residence of the respondent or their counsel, with provisions for service by publication if the respondent's address is unknown.
The respondent has the right to be represented by counsel or appear in person, to a speedy and public trial, to confront and cross-examine witnesses, and to receive all other constitutional rights.
The respondent may be declared in default, and the Commission or Board will proceed with the hearing and render a decision based on the evidence presented by the complainant.
The Board must decide the case within sixty days from submission, and the decision must be in writing, signed by at least a majority of its members containing findings of fact and law.