Board Actions on Formal, Docketed Complaints

(1) Dismissal. (a) The Board may direct or authorize the dismissal of a docketed complaint for the following reasons: 1. The Board lacks jurisdiction; 2. There is insufficient evidence to support a finding that the licensee engaged in acts or omissions constituting grounds for Board action; or 3. There may be sufficient evidence to support a finding that the licensee engaged in acts or omissions constituting grounds for Board action; however the Board concludes, even if the allegations are true, the alleged acts or omissions in the specific circumstances presented, do not warrant action against the license. (b) The Board may direct or authorize the reopening of any dismissed complaint upon receipt of new or previously unavailable evidence except when the dismissal follows a formal adjudicatory hearing conducted in accordance with 801 CMR 1.01: Formal Rules. (c) When dismissing a complaint, the Board may direct or authorize the Executive Director to send, on the Board's behalf, an advisory letter in accordance with 234 CMR 9.06(1)(a) to the licensee. (2) Orders. (a) Order to Show Cause. The Board may authorize prosecuting counsel to initiate and prosecute formal disciplinary proceedings by issuing, on the Board's behalf, an order for the licensee to appear and show cause why the Board should not take action against his or her license. Both the issuance of an Order to Show Cause and the subsequent adjudicatory proceedings shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.01: Formal Rules. The Board may designate an administrative hearings counsel as the Presiding Officer to conduct the adjudicatory proceeding. The Board may authorize prosecuting counsel to file and amend pleadings on the Board's behalf to promote the efficient and expeditious resolution of the adjudicatory proceeding. (b) Final Orders. If after an adjudicatory hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.01: Formal Rules, the Board makes or adopts findings that one or more of the grounds for Board action specified in 234 CMR 9.03 exist, the Board may direct the Executive Director to issue an order on the Board's behalf taking one or more of the following actions: 1. Stayed Probation. The Board may place a license on stayed probation, which does not constitute discipline and allows the licensee to engage in practice subject to temporary conditions set by the Board and specified in the order; 2. Reprimand. The Board may reprimand the license. A reprimand is a formal, public rebuke that constitutes discipline but does not prohibit practice or subject practice to conditions; 3. Probation. The Board may place a license on probation, which constitutes discipline and allows the licensee to engage in practice subject to temporary conditions set by the Board and specified in the order; 4. Suspension. The Board may suspend a license, which constitutes discipline and prohibits the licensee from engaging in practice for a specific period, or until specific conditions have been met, or both; 5. Revocation. The Board may revoke a license, which constitutes discipline and prohibits the licensee from engaging in practice; (c) Further Action. 1. The Board order may set conditions or requirements that must be met before the Board will consider a petition to modify or remove any conditions on the license or a petition for reinstatement of the license; 2. The Board order may authorize the Executive Director to take additional actions against a license as a consequence of failing to comply with the terms of the order. (3) Permanent Surrender. The Board may accept the permanent surrender of a license by a licensee who is the subject of a complaint. A licensee may offer to permanently surrender their license by submitting to the Board a signed, written statement asserting his or her intent to permanently relinquish the right to hold or renew the license. The Board's acceptance of a licensee's permanent surrender constitutes discipline and resolution with the Board of the complaint. The Board may deem the complaint allegations true and grounds for discipline. (4) Consent Agreements. The Board may enter into a Consent Agreement with a licensee for the purpose of resolving the complaint with the Board. In a Consent Agreement, the Board and the licensee may agree the Board will take one or more of the Board actions specified in 234 CMR 9.04, or may agree the licensee shall refrain from engaging in practice. Consent Agreements may also include other terms as permitted by law. (5) Except as the Board may otherwise specify in an Order or a Consent Agreement, any action taken against a license shall apply to the right to renew such license. (6) Except as otherwise provided by law, all Orders and Consent Agreements, whether disciplinary or non-disciplinary in nature, constitute a public record. (7) Nothing in 234 CMR 9.04 shall limit the Board's ability to resolve a pending complaint by any other action, including but not limited to the imposition of a fine, permitted by law. (8) Nothing in 234 CMR 9.04 shall limit the authority of other governmental agencies to exercise their enforcement authority against a licensee, nor limit the rights of third parties to bring an action against a licensee, for alleged unlawful conduct.