Notice of Complaint and Disciplinary Hearing

Notice of Complaint and Disciplinary Hearing A. Upon determination that a disciplinary hearing is needed, the Review Board will notify the DMH-credentialed individual that a disciplinary hearing will be held. B. The DMH-credentialed individual shall be notified at least 30 calendar days before the date of the disciplinary hearing. Notification will be considered to have been given if the notice was personally received by the DMH-credentialed individual or if the notice was mailed “certified, return receipt requested” to the last known address as listed with the Division of PLACE and/or Division of Peer Recovery and Support, as applicable to credential type. C. The notice will inform the DMH-credentialed individual of the facts which are the basis of the complaint and which are specific enough to enable the credentialed individual to defend against the complaints. The notice of the complaint and the disciplinary hearing shall also inform the credentialed individual of the following: 1. The date, time and location of the disciplinary hearing; 2. That the DMH-credentialed individual may appear personally at the disciplinary hearing and may be represented by counsel; 3. That the DMH-credentialed individual shall have the right to produce witnesses and evidence on his/her behalf and shall have the right to cross-examine adverse witnesses and evidence; 4. That the Rules of Evidence do not apply; 5. That the disciplinary hearing could result in sanctions being taken against the DMH- credentialed individual; 6. That the Review Board will, in writing, advise the DMH-credentialed individual of any sanction(s) to be imposed and the basis for the Review Board’s action; and, 7. That disposition of any formal complaint may be made by consent order or stipulation between the Review Board and the DMH-credentialed individual. D. The disciplinary hearing will be an informal hearing and will be presided over by the Review Board Chairperson or his/her designee. E. Within 15 days of the disciplinary hearing, the Review Board will provide written notification to the DMH-credentialed individual as to any sanction(s) being imposed and the basis for the Review Board’s action. This notification will be considered to have been given if the notice was personally received by the DMH-credentialed individual or if the notice was mailed “certified, return receipt requested” to the last known address as listed with the Division of PLACE and/or Division of Peer Recovery and Support, as applicable to credential type. F. If disciplinary action is taken against an individual, his/her employer (along with any applicable third party) may be notified by DMH. G. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law. The final disposition of any disciplinary hearing will be recorded in Board minutes.