Dental Board denies petition to adopt complaint-evaluation regulations, counsel says petitioner failed to provide draft text

The Dental Board of California denied a petition under Government Code §11340.6 at its Feb. 5 meeting that asked the board to adopt or amend regulations governing complaint intake, review, evaluation and closure procedures.

Board counsel Tara Welch summarized the petition and staff analysis. The petition requested the board identify regulations that govern use of dental consultants and the evaluation criteria the board uses to determine whether evidence supports a violation. Counsel said the petition did not include proposed regulatory text, did not cite the board authority it sought to invoke, and that adopting regulations that define evaluative criteria could reveal investigative analysis and enable potential violators to game the process.

Welch recommended denial. Board members asked clarifying questions about the petition process and the limits of regulation; counsel and regulations staff explained the board had provided existing internal guidelines and statutory citations in response to the petitioner but could not adopt a regulation that would both apply to every possible complaint and preserve investigative confidentiality.

A motion to deny the petition and approve a draft decision for mailing and publication in the California Regulatory Notice Register was moved and seconded; the board approved the motion. Regulations counsel explained the decision will be mailed to the petitioner and published, and the petitioner will have 60 days to seek reconsideration or appeal under the Administrative Procedure Act.