Notice of Charges and Hearing

Notice of Charges and Hearing 1. Following the investigative process, the Department may file formal charges against the licensee. Such formal complaint shall, at a minimum, inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges. 2. Each licensee, whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee, shall be served notice of the formal charge at least thirty (30) days before the date of hearing. A hearing shall be presided over by the Board or the Board's designee. Service shall be considered to have been given if the notice was personally received by the licensee, or the notice was mailed certified, return receipt requested, to the licensee at the licensee's last known address as listed with the Department. The notice of the formal hearing shall consist at a minimum of the following information: a. the time, place and date of hearing; b. that the licensee shall appear personally at the hearing and may be represented by counsel; c. that the licensee shall have the right to produce witnesses and evidence in the licensee's behalf and shall have the right to cross-examine adverse witnesses and evidence; d. that the hearing could result in disciplinary action being taken against the licensee's license; e. that rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy; and f. that the Department, or its designee, shall preside at the hearing and following the conclusion of the hearing shall make findings of facts, conclusions of law and recommendations, separately stated, to the Board as to what disciplinary action, if any, should be imposed on the licensee. 3. The Department may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Rule 8.8.2 of these regulations. 4. The Department or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the Board shall issue an order, within sixty (60) days. 5. Disposition of any complaints may be made by consent order or stipulation between the Board and the licensee. 6. All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law.