Initiation of Formal Adjudicatory Proceedings

If the Board determines that, based on the preliminary investigation, sufficient grounds exist to initiate disciplinary action or other disposition as described in 309 CMR 7.02, the Board may commence a formal adjudicatory proceeding by providing the respondent with an order to show cause why disciplinary action or other disposition as described in 309 CMR 7.02 should not be taken. The order shall state the grounds for taking disciplinary action or other disposition, including the specific facts relied upon and the statute(s) and/or regulations authorizing the Board to take disciplinary action or other disposition. It shall also explain the respondent’s right to request an adjudicatory hearing to contest the grounds for discipline or other disposition set forth in the order. The order shall direct the respondent to file an answer within 21 days of receipt or notice of the order. The order shall also advise the respondent that failure to file a timely answer to the order shall be deemed an admission of the charges contained therein. Such admission shall permit the Board to proceed to impose discipline or other disposition pursuant to 309 CMR 7.10.