§ 12-220-204 — Board panels

(1) The chairperson of the board shall divide the
members of the board, other than the chairperson, into two panels of six members
each.

(2) Each panel shall act as both an inquiry panel and a hearing panel. The
chairperson may reassign members of the board from one panel to the other. The
chairperson may be a member of both panels, but neither the chairperson nor any
other member who has considered a complaint as a member of a panel acting as an
inquiry panel shall take any part in the consideration of a formal complaint involving
the same matter.

(3) If the inquiry panel refers a matter for formal hearing, the hearing panel
or a committee of the hearing panel shall hear the matter. However, in its
discretion, either inquiry panel may elect to refer a case for formal hearing to a
qualified administrative law judge in lieu of a hearing panel of the board for an
initial decision pursuant to section 24-4-105.

(4) A licensee who is the subject of an initial decision by an administrative
law judge, or by the hearing panel that would have heard the case upon its own
motion, may seek review of the initial decision pursuant to section 24-4-105 (14) and
(15) by filing an exception to the initial decision with the hearing panel that would
have heard the case if it had not been referred to an administrative law judge. The
respondent or the board's counsel may file the exception.

(5) The inquiry panel to whom an investigation is assigned shall supervise the
investigation, and the person conducting the investigation shall report the results
of the investigation to the panel for appropriate action.

Legislative History

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 232, � 1, effective September 14.