§ 5-64-10. Procedure for discipline.
(a) When a sworn complaint is filed with the board charging a person with having been
guilty of any of the actions specified in § 5-64-9, the division of professional regulation shall immediately investigate the charges,
or, the board, after investigation, may institute charges. In the event the investigation
reveals reasonable grounds for believing that the applicant or person certified under
this chapter is guilty of the charges, the board shall fix a time and place for a
hearing and shall cause a copy of the charges, together with a notice of the time
and place fixed for the hearing, to be served person
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§ 5-64-10. Procedure for discipline.
(a) When a sworn complaint is filed with the board charging a person with having been
guilty of any of the actions specified in § 5-64-9, the division of professional regulation shall immediately investigate the charges,
or, the board, after investigation, may institute charges. In the event the investigation
reveals reasonable grounds for believing that the applicant or person certified under
this chapter is guilty of the charges, the board shall fix a time and place for a
hearing and shall cause a copy of the charges, together with a notice of the time
and place fixed for the hearing, to be served personally upon the accused at least
twenty (20) days prior to the time fixed for the hearing. When personal service cannot
be effected and the fact is certified by oath by any person authorized to make service,
the board shall cause to be published once in each of two (2) successive weeks, a
notice of the hearing in a newspaper published in the county where the accused last
resided according to the records of the board and shall mail a copy of the charges
and the notice to the accused at his or her last known address. When publication of
notice is necessary, the date of the hearing shall not be less than twenty (20) days
after the last date of publication of the notice. At the hearing, the accused has
the right to appear personally or by counsel or both; to produce witnesses and evidence
on his or her behalf; and to cross-examine witnesses. The attendance of witnesses
and the production of books, documents, and papers at the hearing may be compelled
by subpoenas issued by the administrator which shall be served in accordance with
law. At the hearing, the administrator shall administer oaths that may be necessary
for the proper conduct of the hearing. The division of professional regulation shall
not be bound by the strict rules of procedure or by the laws of evidence in the conduct
of its proceedings but the determination shall be based upon sufficient legal evidence
to sustain it. If the accused is found guilty of the charges, the division of professional
regulation may refuse to issue a license or otherwise discipline the person.
(b) Upon the revocation or suspension of any license, the holder shall surrender the license
to the administrator of professional regulation who shall strike the name of the holder
from the register.
(c) A revocation or suspension of license may be reviewed at the discretion of the division
of professional regulation or at the initiative of the administrator of professional
regulation who may order a rehearing of the issue if he or she finds cause.