Plain Text Law

Regulation .04 Board Actions and Case Resolution Procedures.

Regulation .04 Board Actions and Case Resolution Procedures.Copy Citation

A.
The Board may resolve or dispose of a complaint by any of the following:
(1)
Consent agreement and order;
(2)
Civil penalty final order;
(3)
Consent agreement and censure;
(4)
Disposition agreement;
(5)
Dismissal;
(6)
Final order;
(7)
Letter of advice;
(8)
Letter of admonishment;
(9)
Probation;
(10)
Referral to appropriate authorities;
(11)
Referral to mediation;
(12)
Stay;
(13)
Stet; or
(14)
Other authorized action of the Board.
B.
After the issuance of a notice of Board action and charging document to a licensee, the Board and the licensee may voluntarily agree to enter into any of the following confidential case resolution procedures, which may result in a formal or informal action of the Board:
(1)
A case resolution conference call or meeting;
(2)
Settlement negotiations; or
(3)
Mediation of interested parties.
C.
A case resolution procedure shall be completed within 180 days of issuance of a notice of Board action, unless the Board finds good cause to grant additional time upon a written request and showing by the licensee.
D.
The Board may issue a default order to a licensee who, without good cause, fails to respond to a notice of agency action or to comply with a Board order.
E.
A licensee who receives a default order may request a nonevidentiary show cause hearing within 10 days of receipt of the order.
F.
If the Board and a licensee are unable to reach an agreement, the matter may proceed to a hearing, if the licensee requested a hearing in writing in a timely manner.
G.
The Board in its discretion may abrogate a prior order or issue a modified order.
H.
Except for consideration of a proposed resolution of a case, admissions, facts revealed, proposals, or positions taken, unless the information is available from other sources or through discovery, are not admissible in a contested case hearing.
I.
Participation in a case resolution procedure is not ordinarily a basis for recusal of Board member from further proceedings in a case.