How to File A Complaint With A State Agency

I want to file a complaint against AN ATTORNEY: In New York, attorney conduct is governed by the state Supreme Courts Disciplinary and Grievance Committee. If you have a concern about an individual attorney, send a written complaint to the 3rd Departments Committee on Professional Standards at: Committee on Professional Standards 40 Steuben Street Albany, NY 12207-2109 A BAR: If youd like to register a complaint with the state Liquor Authority about a licensed bar, you can do so by contacting the Zone office that services your county: Zone 2 (Broome & Chenango Counties): (518) 474-4890 Zone 3 (Tioga County): (716) 847-3039 CHILD ABUSE: The state Office of Children and Family Services maintains a statewide Central Register of Child Abuse and Maltreatment for reports. The register, known as the Hotline, relays information from the calls to your local Child Protective Service for investigation, monitors their response, and identifies whether there are prior child abuse or maltreatment reports. The Hotline receives calls 24 hours a day, seven days a week. To report suspected child abuse, call the Hotline at 1-800-342-3720. For more information, you can visit www.ocfs.state.ny.us/main/cps. A DEBT COLLECTOR: The federal Fair Debt Collection Law regulates debt collectors who contact you on behalf of your creditor. Companies do have a right to try to collect money owed to them. A debt collection agency is allowed to contact you in person, by mail, telephone, telegram or fax. However they cannot contact you at inconvenient times or places, for example, before 8 a.m. or after 9 p.m., unless you agree. A debt collection agency cannot contacting you at your place of employment if the agency knows your employer disapproves. Debt collection agencies are prohibited from the following tactics: Threatening violence or criminal means to harm you; Using obscene or profane language; Advertising your debt for sale; Calling you repeatedly with the intent to annoy or harass; or Placing telephone calls without meaningful disclosures of their identity.

If you believe a debt collector has violated the law or if you don't know how to handle these phone calls, contact the state Attorney Generals Consumer Help Line at 1 (800) 771-7755 or visit the following website: www.oag.state.ny.us/consumer/tips/debt_collectors.html A DOCTOR: The state Department of Healths Office of Professional Medical Conduct investigates complaints about physicians, physician assistants and specialist assistants. The office also monitors practitioners on probation. To file a complaint, download and print a complaint form at www.health.state.ny.us/nysdoh/opmc/opmc.htm and mail it to: Office of Professional Medical Conduct 433 River St., Suite 303 Troy, New York 12180-2299 If you have additional questions, you can contact the office: By email: [email protected] By phone: 1-800-663-6114; or On the web: www.health.state.ny.us/nysdoh/opmc/understd2.htm

AN EMPLOYER: New York is an employment-at-will state. If youre employed for an indefinite term, your termination isnt statutorily prohibited under state Labor Law, an employer can fire someone for almost any reason, at any time. Consequently, employees are equally free to quit. If you believe you were fired for an illegal discriminatory reason, please file a complaint with the state Division of Human Rights at (607) 721-8467. In New York, you have a civil right to the opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex or marital status. Most labor-related questions are addressed on the state Department of Labors website: www.labor.state.ny.us/faq.html A HOSPITAL: If you believe a specific instance occurred that put you in danger, you should speak with the hospital management so they can conduct an internal review. After dealing with hospital management, your next recourse would be to file a complaint with the state Department of Health. If youd like to file a complaint, send a letter (including information on how to contact you, the name of the facility

in question, dates of service/admission, and a detailed explanation of the problem) to: NYS Department of Health Central Field Office 217 South Salina Street Syracuse, NY 13202 AN INSURANCE COMPANY: If you have a problem with an insurance company, broker, agent or adjuster, you can file a complaint with the state Insurance Department by using its Online Consumer Complaint Form at www.ins.state.ny.us/complhow.htm. Youll receive immediate confirmation and be assigned a file number. Thats the fastest easiest way. But if you need to submit copies of documents to support your complaint, fax or mail them to SID along with the printed confirmation with your file number. NYS Insurance Department Consumer Services Bureau One Commerce Plaza Albany, New York 12257 Fax: (212) 480-6282 A JUDGE: The state Commission on Judicial Conduct reviews written complaints of misconduct against judges of the State Unified Court System, which includes state, county, municipal, town and village courts. It investigates complaints of improper demeanor, conflicts of interest, intoxication, bias, prejudice, favoritism, corruption, prohibited business or political activity, serious financial and records mismanagement, assertion of the influence of judicial office for the private benefit of the judge or others, and other misconduct on or off the bench. A complaint form can be found at: http://www.scjc.state.ny.us/General%20Information/complain.htm Its important to note that the Commission isnt an Appellate Court and cant review the merits of a judges rulings. Its unable to issue advisory opinions, give legal advice or represent litigants. Complaints outside of the Commissions jurisdiction may be referred to other agencies. The commissions brochure, with frequently asked questions and information about disciplinary action, can be found at: http://www.scjc.state.ny.us/Publications/brochure.htm

A LICENSED PROFESSIONAL: Should you believe that a licensee has acted in an untrustworthy or incompetent manner, you may file a complaint with state Department of States Division of Licensing Services. The complaint will be reviewed and an investigation started. Both the licensee and the complainant are kept apprised of the proceedings. A licensee who is found to be in violation of the law is subject to reprimand, fine, suspension or revocation. A complete list of licensed professions and occupations, as well as a Licensee Complaint Form, can be found at www.dos.state.ny.us/lcns/licensing.html. The State Education Departments Office of the Professions investigates and prosecutes professional misconduct in all professions except medicine. This includes professions such as acupuncture, audiology, chiropractic dentistry, massage therapy, nursing, occupational therapy, ophthalmic dispensing, optometry, pharmacy, physical therapy, podiatry, psychiatric social work, psychology and speech pathology. To file a complaint, visit www.op.nysed.gov/opd.htm, call 1-800-442-8106 or send an email to [email protected]. Professional misconduct includes the following: Engaging in acts of gross incompetence or gross negligence on a single occasion, or negligence or incompetence on more than one occasion. Permitting or aiding an unlicensed person to perform activities requiring a license. Refusing a client or patient service because of race, creed, color, or national origin. Practicing beyond the scope of the profession. Releasing confidential information without authorization. Being convicted of a crime. Failing to return or provide copies of records on request. Being sexually or physically abusive. Abandoning or neglecting a patient in need of immediate care. Performing unnecessary work or unauthorized services. Practicing under the influence of alcohol or other drugs. A MENTAL HEALTH AGENCY: The Office of Mental Health operates psychiatric centers across the state, and regulates, certifies and oversees more than 2,500 programs that are operated by local governments and nonprofit agencies. These programs include inpatient and outpatient programs, emergency, community support, residential and family-care programs. For questions about mental health services, to find a mental health service provider or to make a complaint, call OMH Customer Relations toll-free at 1-800597-8481.

A STATE GOVERNMENT EMPLOYEE or PUBLIC OFFICIAL: The state Commission of Investigation undertakes investigations of corruption, fraud, organized crime, racketeering, money laundering, the conduct of public officers, public employees, officers and employees of public corporations and authorities, and mismanagement in state and local government. To file a complaint, contact the commission at: New York State Commission of Investigation 59 Maiden Lane, 31ST Floor New York, NY 10038 Phone (212) 344-6660 A NURSING HOME: If you suspect abuse or neglect, the state Department of Healths Nursing Home Patient Care Complaint Hotline can be reached at 1-888201-4563. If youd like to avoid the automated directory and speak with someone personally, call (315) 426-7666. The state Office for the Agings Long Term Care Ombudsman Program (1-800342-9871) can also investigate and help resolve complaints made by, or on behalf of, nursing home residents. The Ombudsman for Broome County is Mary Vivona at 722-1251. The Ombudsman for Chenango County can be reached at 337-1770. The Ombudsman for Tioga County can be reached at 687-4120.

A SCHOOL SUPERINTENDENT OR SCHOOL BOARD: Petitioners must file an appeal within 30 days of the incident in question and the burden of proof rests with the petitioner. In other words, you must give the Education Commissioner sufficient evidence to demonstrate willful misconduct or intentional wrongdoing. If youd like to file a complaint, all necessary forms are downloadable at the following website: www.counsel.nysed.gov/appeals/instruction.htm

A STATE-OPERATED FACILITY OR PROGRAM FOR PEOPLE WITH DISABILITIES: Start with the administrator at the program to discuss your concerns. If youre unable to reach a resolution this way, most programs have a well-defined dispute resolution process.

If these two methods arent successful, you can submit a Care and Treatment Complaint Form to the Commission on Quality of Care at: www.cqc.state.ny.us/secure/forms2/qabform/qabform.htm You may call CQC at 1-800-624-4143 or write to: Quality Assurance Investigations Bureau NYS Commission on Quality of Care 401 State Street Schenectady, NY 12305-2397 A TEACHER: The state Education Departments Office of School Personnel Review and Accountability prosecutes professional misconduct cases in which a licensee has been convicted of a crime or has committed an act that raises reasonable questions about the individuals moral character. Complaints against public school professional personnel including teachers, administrators and school service workers should first be made at the local level with the appropriate authorities, including principals, superintendents and police. Instructions on how to file a complaint are at: www.highered.nysed.gov/tcert/ospra/teach_discip_forms.htm